Harjit Singh Ahluwalia & Ors Vs Udayraj Patwardhan (NCLAT Delhi)
The appeal was filed before the National Company Law Appellate Tribunal (NCLAT) in Delhi by Harjit Singh Ahluwalia & Ors. against the order of the Adjudicating Authority (NCLT) in IA No. 65 of 2025. This NCLT order had rejected an application filed by 183 homebuyers praying for the rejection of the Corporate Insolvency Resolution Process (CIRP) resolution plan. While 183 applicants filed the original application, only 93 of them filed this appeal before the NCLAT.
Counsel for the Respondent raised a preliminary objection regarding the maintainability of the appeal, arguing that the resolution plan was approved by 96.56% vote share of the creditors in that class. Furthermore, the Respondent noted that out of the 183 homebuyers who filed the initial application before the Adjudicating Authority, 72 persons had voted in favor of the plan. The Respondent cited the Supreme Court judgment in Jaypee Kensington Boulevard Apartments Welfare Association vs. NBCC (India) Ltd. to argue that the Appellants, who represent the minority homebuyers, cannot be allowed to challenge a plan approved by the majority of the creditors in the class and must “sail along with the decision of the majority.”
Counsel for the Appellant countered the objection, asserting that the Adjudicating Authority has the jurisdiction to intervene in the resolution plan and that the Supreme Court’s Jaypee Kensington judgment permits judicial review. They argued that the Adjudicating Authority could have intervened based on their application. The Appellants also claimed there was suppression of several facts by the Resolution Professional, meaning the votes given by the homebuyers were not cast with full knowledge of the facts.
