Jag Mohan Garg Vs Rahul Jindal Resolution Professional For Tirupati Infraprojects Pvt Ltd (Delhi High Court)
The Delhi High Court has permitted the Resolution Professional (RP) for Tirupati Infraprojects Pvt Ltd to convene the 39th Committee of Creditors (CoC) meeting on June 24, 2025. The decision comes despite a pending application, I.A. No. 2863/2025, filed by Jag Mohan Garg, a former board member of the company, before the National Company Law Tribunal (NCLT). Garg had approached the High Court to halt the meeting, arguing that any decisions made would render his NCLT application, which is scheduled for a hearing on July 2, 2025, infructuous.
The RP’s counsel contended that the meeting was called in good faith to adhere to the time-bound nature of the Corporate Insolvency Resolution Process (CIRP). They also raised concerns about the maintainability of Garg’s application and questioned the High Court’s jurisdiction, suggesting the matter should have been taken to the National Company Law Appellate Tribunal (NCLAT).
After hearing both parties, the court, in the case of Jag Mohan Garg vs. Rahul Jindal, directed that while the RP can proceed with the meeting, all decisions made therein will be subject to the final outcome of the NCLT proceedings concerning I.A. No. 2863/2025. This ruling allows the insolvency process to continue without prejudice to the pending legal challenge, ensuring that the CIRP timeline is respected while also preserving the legal rights of the petitioner. The court clarified that the RP can take all further actions unless specifically restrained by the NCLT.
