Samyak Projects Private Limited vs Jalesh Kumar Grover Resolution ...

Comp. App. (AT) (Ins) No. 04 of 2026 & I.A. No. 11 of 2026 IN THE MATTER OF: Samyak Projects Pvt. Ltd. ...Appellant(s)

Versus Jalesh Kumar Grover & Ors. ...Respondent(s)

Present: For Appellant : Mr. Vivek Kohli, Sr. Adv. with Vaishnavi Prakash, Vasudha Chadha, Mr. Sandeep Bhuraria, Advocates

For Respondents : Mr. Kunal Godhwani and Ms. Kinjal Chadha, Advocates for R-2.

Mr. Abhishek Anand, Advocate for RP.

ORDER

(Hybrid Mode)

20.05.2026 Heard Ld. Counsel for Appellant.

2. This Appeal has been filed against the order dated 17/11/2025

passed in I.A. 28/ND/2024. Adjudicating Authority in I.A. 28/ND/2024

passed following order :

ORDER

"Mr. S. Patra, Ld. Sr. Counsel on instruction from SRA and his briefing counsel Mr. Kunal G., fairly submitted that the SRA would have no difficulty in bringing in a revised plan, after taking into account such claim of homebuyers which could be duly verified by the Resolution Professional and found acceptable. While considering the revised plan to be submitted by SRA, the CoC will keep in view the judicial precedent on the subject. In view of the submission made by Ld. Sr. Counsel on instruction from SRA, IA-28/ND/2024 is disposed of, remitting the plan back to the CoC."

3. Ld. Counsel for Appellant, who claims to be landowner on which

Project has been constructed and also filed Applications before the

Adjudicating Authority, is aggrieved by this order and has come up with

this Appeal.

4. It is submitted that the Plan has been sent back only for adding the

claims as noted in the order without considering the Plans of the other

PRAs.

5. We have heard Ld. Counsels for Parties and perused the records.

When we look into the impugned order, it is clear that Plan has been sent

back for adding the claims of homebuyers, which could be duly verified by

the Resolution Professional and found acceptable. The said is only

opportunity to consider the claim of the homebuyer which can be verified.

6. We are of the view that the order of the Adjudicating Authority

sending the Plan for SRA to submit a revised Plan cannot be said to have

committed any error so as to warrant interference by this Tribunal in

exercise of its Appellate jurisdiction. As per the order, there is no occasion

for considering any other Plan or cases of other PRAs.

7. As far as, whether the Plan deserved to be approved or not, the

question is not up at the moment and as and when the question arises, it is

for the court to consider and decided in accordance with law.

2 of 3 With these observations, we dismiss the Appeal.

[Justice Ashok Bhushan] Chairperson

[Indevar Pandey] Member (Technical) Prerana/md

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