Miss Lucy
← All judgments

Shri Balaji Holdfin Pvt Ltd vs Mr. Kanchan Dutta Resolution ...

National Company Law Appellate Tribunal7 January 2026

Ratio decidendi

The rule this decision rests on

The Appellate Tribunal, on the appeal against an order treating an application as infructuous, held that where the Resolution Professional has been replaced, an application seeking the removal or replacement of the Resolution Professional, and the relief sought in it, becomes infructuous, and the order dismissing it on that basis is not erroneous. Where a fresh Resolution Professional has issued Form G, the corporate insolvency resolution process may continue in pursuance of that Form, but the Resolution Professional must not place any resolution plan before the Committee of Creditors while a pending application challenging the exclusion of a claimant from the Committee of Creditors remains undisposed of.

Written by Miss Lucy from the judgment below, not taken from a headnote.

Judgment

As delivered

NATIONAL COMPANY LAW APPELLATE TRIBUNAL,PRINCIPAL BENCH, NEW DELHICompany Appeal (AT) (Insolvency) No. 12 of 2026& I.A. No. 45 of 2026In the matter of:

Shri Balaji Holdfin Pvt. Ltd. ....Appellant Vs.

Kanchan Dutta & Anr. ...Respondents For Appellant Mr. Mrinal Harshvardhan, Mr. Naman Singhal, Mr. Ritik Vashisht, Mr. Akshay Singh, Ms. Rituparna Patra, Advocates. For Respondents Mr. Abhinav Agrawal, Mr. Piyush Bhardwaj, Advocates for R1 Mr. Rahul Auddy, Advocate.

ORDER

(Hybrid Mode)

07.01.2026: Heard Counsel for the Appellant as well as Counsel

appearing for the Resolution Professional- Respondent No.1.

2. This Appeal has been filed by the Appellant challenging the order dated

11.11.2025 passed by the Adjudicating Authority (National Company Law

Tribunal) Kolkata Bench, Kolkata in IA No.270/KB/2025 along with Contempt

Petition No.04 of 2025 and IA No.1090 of 2025. The Appellant's case is that in

IA No.270 of 2025, the Adjudicating Authority has held that in view of the

Resolution Professional having been replaced, the application has become

infructuous. The submission of the Appellant is that the earlier Resolution

Professional has accepted the claim of the Appellant as a Financial Creditor

and allocated 71% voting share in the Committee of Creditors (CoC). However,

after CoC meeting was held, Appellant was ousted from the CoC and was not 2

permitted to participate in the meeting of the CoC. Counsel for the Appellant

submitted that for decision of the IA No.270 of 2025, Appellant had to come

this Tribunal by filing an Appeal and several directions have been issued to

the Adjudicating Authority to decide IA No.270 of 2025 and thereafter the

application is decided as infructuous. He submits that Appellant has filed an

IA No.1878 of 2025 raising various prayers including illegal ousting of the

Appellant from the CoC which is pending consideration. It is submitted that

the new Resolution Professional has issued Form G on 05.11.2025 and in

event, the new Resolution Professional proceed with the CIRP process without

decision of the IA No.1878 of 2025, the Appellant shall suffer irreparable loss.

3. Counsel for the Respondent No.1 submits that this Appeal has become

infructuous since Resolution Professional has been replaced and main prayer

in the application IA No.270 of 2025 for considering the agenda for

replacement of the Resolution Professional and other prayers for deciding two

other applications have already been decided. He however, submits that the

application IA No.1878 of 2025 has been filed only on 11.12.2025. It shall be

open for the Appellant to press for the decision of IA No.1878 of 2025 before

the Adjudicating Authority.

4. Considering the facts of the present case and submissions made by the

parties, we are of the view that in view of the Resolution Professional having

been replaced, we do not find any error in the order of the Adjudicating

Authority dismissing the application IA No.270 of 2025 as infructuous.

However, the submission of the Appellant that IA No.1878 of 2025 being

pending, the Resolution Professional be directed not to proceed with the CIRP

Company Appeal (AT) (Insolvency) No. 12 of 2026 & I.A. No. 45 of 2026 3

process. After the replacement, the new Resolution Professional has issued

Form G dated 05.11.2025, we are of the view that the process in pursuance of

Form G may go on, however, till IA No.1878 of 2025 is not disposed of the

Resolution Professional shall not put any Resolution Plan for voting before the

CoC.

5. In view of the above, we dispose of the Appeal with the above direction.

Counsel for the Appellant submits that he shall not take any adjournment in

IA No.1878 of 2025.

[Justice Ashok Bhushan] Chairperson

[Barun Mitra] Member (Technical) Anjali/md

Company Appeal (AT) (Insolvency) No. 12 of 2026 & I.A. No. 45 of 2026

This page reproduces a public judgment and a summary of it. It is research material, not legal advice, and it is no substitute for advice from an advocate on your own facts.

Research this judgment with Miss Lucy

Ask what it holds, what has followed it, and what it means for your matter — in plain English, with the citations.

Try Miss Lucy free