A

IN THE HIGH COURT OF DELHI AT NEW DELHI

(EXTRA-ORDINARY ORIGINAL JURISDICTION)
CM NO. OF 2024
WRIT PETITION (CIVIL) NO. 4799 OF 2024
IN THE MATTER OF:

AHSAN AHMAD …PETITIONER

VERSUS

SAPAN CHAKARABORTY & ORS. …RESPONDENTS

INDEX

S NO. PARTICULARS PAGE NO.

1. Application for condonation of delay in filing
1-4
Additional documents along with Affidavit

2 ANNEXURE A-I 5-6

Order dated 07.08.2024
3 ANNEXURE A-II 7-36
Affidavit for taking on record Additional document
4 Proof of Service 37

FILED THROUGH

RACHIT RANJAN
Advocates for Petitioner
P-87A, Ground Floor
Mayur Vihar Phase 1, Delhi -110091
Date:24.08.2024 Mob: +91-9346380147
Place: Delhi E-mail: advrachitranjan@gmail.com
 1

IN THE HIGH COURT OF DELHI AT NEW DELHI

(EXTRA-ORDINARY ORIGINAL JURISDICTION)
CM NO. OF 2024
WRIT PETITION (CIVIL) NO. 4799 OF 2024
IN THE MATTER OF:

AHSAN AHMAD …PETITIONER

VERSUS

SAPAN CHAKARABORTY & ORS. …RESPONDENTS

APPLICATION UNDER SECTION 151 OF CPC FOR CONDONATION

OF DELAY IN FILING ADDITIONAL DOCUMENTS

Most Respectfully Sheweth:

1. The Petitioner has filed the captioned Writ Petition under Article 226

of Constitution of India for seeking quashing and setting aside the

Orders dated 01st May 2023 passed by the Ld. Assistant Labour

Commissioner (central) Controlling Authority under Payment of

Gratuity Act, 1972, Delhi in Claim Petition No. ALC-II/36(113)/2019,

Claim Petition No. ALC-II/36(112)/2019, Claim Petition No. ALC-

II/36(108)/2019, Claim Petition No. ALC-II/36(111)/2019-AKB, Claim

Petition No. ALC-II/36(110)/2019, Claim Petition No. ALC-

II/36(109)/2019.

2. . The Petitioner crave leave of this Hon’ble Court to refer to and read

the contents of the Writ Petition as a part and parcel of this application

and the same is not being repeated here for the sake of brevity and to

avoid repetition.
 2

3. The Petitioner humbly submits that Hon’ble Delhi High Court vide its

order dated 07.08.2024, directed the Petitioner to additional

document within two weeks i.e 21.08.2024. However, the

Petitioner filed the Additional Documents on 24.08.2024. Copy of

Order dated 07.08.2024 is annexed herewith and marked as

ANNEXURE A-I. Copy of Affidavit for Additional documents is

annexed herewith and marked as ANNEXURE A-II.

4. The Petitioner respectfully submits that the Petitioner failed to file the

additional document due to unforeseen circumstance which lead to

Accident of the Advocate of the Petitioner, therefore, he was not

able to devote sufficient time in completing and filing the present

documents leading to the delay in filing the same.

5. It is respectfully submitted that as a result of the aforementioned

events, a delay of 3 days occurred in the filing of the Additional

document.

6. The reasons for the delay were unintentional and outside of the

reasonable control of the Petitioner. It is therefore, respectfully

submitted that the delay be condoned.

PRAYER

In the facts and circumstances of the case and in the interest of justice,

it is most respectfully prayed that this Hon’ble Tribunal may graciously

be pleased to:
 3

a. Condone the delay of 3 days in filing the additional documents

as the Order dated 07.08.2024 passed by the Hon’ble Delhi

High Court, in WP No. 4799/2024; and/or

b. Pass such further order or orders as this Hon’ble Tribunal may

deem fit and proper in the facts and circumstances of the case.

Petitioner

Counsel for Petitioner

DECLARATION BY PETITIONER

The Petitioner above named hereby solemnly declare that nothing material

has been concealed or suppressed and further declare that the enclosures

and typed set of material papers relied upon and filed herewith are true

copies of the original(s) / fair reproduction of the originals / true translation

thereof.

Verified at Delhi on this ______ day of August, 2024.

Petitioner
 3 4
IN THE HIGH COU RT OF DELHI AT
NEW DELHI

(EXTRA-ORDINARY ORIGINAL JUR

ISD ICT ION}Y; ~ ~ ~?:q
/ 'it~ ..•
' I/ S/_j,--.
WRIT PETITION (CIVIL) NO. 479 9
OF 202 4~ / :'?\:'r;::fJ.,~:,~ \\
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AHSAN AHMAD .J / •,•_, I
... PET ITIO NER . ,/~. I
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VER SUS •-'

UNION OF
SAPAN CHAKARABORTY
INDIA & ORS &Ors ... RES PON DEN TS
AFFIDAVIT
I, Ahs an Ahm ed, s/o Mr. Late Jaa n
Moh amm ad, aged 47 year s,
Res olut ion Prof essi onal of SDU Trav els
Priv ate Lim ited resi ding at
C-1 08,3 Floo r, Naid a Sect or -2, Utta r
rd
Prad esh -201 301 , pres entl y
at New Delh i, do here by sole mnl y affir
m and decl are as und er:-
1. Tha t I was app oint ed as the Res olut
ion Prof essi onal of M/s
SDU Travels Priv ate Lim ited by
the Hon 'ble Nati onal
Com pan y Law Trib una l and I am fully
con vers ant with the
fact s and circ ums tanc es of the case and
com pete nt to swe ar
the pres ent affidavit.

2. Tha t the acco mpa nyin g ame nde d mem

o of part ies is filed as
per the Ord er date d 06.0 5.20 24 by the
Hon 'ble High Cou rt of
Delh i in WP (C) No. 479 9/20 24. I have
read and und erst ood
the con tent s of the sam e and noth
ing mat eria l has been
conc eale d ther ein.

~~
DEP ONE NT

VERIFICATION:
I swe ar this Affidavit that the con tent s
of my abov e affid avit
are true and corr ect to my know ledg e
and belief. No part of
it is false and noth 4lg rele vant has been
conc eale d ther ein.

10th day of Jun e, 202 4.

~~

1OJU ffl
 5

ANNEXURE A-I

$~6
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 4799/2024 & CM Appl.19674/2024
AHSAN AHMAD .....Petitioner
Through: Mr. Rachit Ranjan, Adv.
versus
SAPAN CHAKARABORTY & ORS. .....Respondents
Through: Mr. Nitinjya Chaudhry, Senior Panel
Counsel with Mr. Rahul Mourya, Mr.
Gokul Sharma, Ms. Ashima Kaur,
Ms. Sheffy Bhatia and Ms. Namrata
Bhatia, Advs. for R-1.
CORAM:
HON'BLE MS. JUSTICE TARA VITASTA GANJU
ORDER
% 07.08.2024
CM Appl.45133/2024[For filing amended memo of parties]
1. This is an Application filed on behalf of the Petitioner for filing the
amended memo of parties as per the order dated 15.07.2024 passed by this
Court.
2. Learned Counsel for the Respondents, who appears on advance
Notice, submits that he has no objection if the prayers made in the
Application is allowed.
3. Accordingly, the Application is allowed. The amended memo of
parties is taken on record.
W.P.(C) 4799/2024 & CM Appl.19674/2024[Stay]
4. The Petitioner is a resolution professional appointed pursuant to
proceedings of insolvency initiated against SDU Travels Pvt. Ltd. Learned
Counsel for the Petitioner/Resolution Professional submits that the
proceedings for insolvency were initiated against the SDU Travels

This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
The Order is downloaded from the DHC Server on 18/08/2024 at 12:29:44
 6

(Corporate Debtor) before the National Company Law Tribunal (hereinafter

referred to as “NCLT”), Bengaluru. In terms of order dated 06.01.2022
passed by the NCLT, Bengaluru, a petition was admitted against the
corporate debtor and moratorium was declared in terms of Section 14 of the
Insolvency and Bankruptcy Code, 2016. Learned Counsel for the Petitioner
submits that despite the fact that a moratorium was imposed on the corporate
debtor on 06.01.2022, the learned Labour Court continued to adjudicate the
claim petitions filed by the Respondent Nos.1 to 6 before the Authority
under the Payment of Gratuity Act, 1972 and thereafter, passed the
Impugned Order on 01.05.2023.
5. Learned Counsel for the Petitioner submits that the moratorium has
since been extended till the present date. He further submits that the
Authority was informed of the initiation of the insolvency proceedings as
well as of the passing of the orders of moratorium by NCLT, Bengaluru by
e-mail communications.
6. Learned Counsel for the Petitioner requests for an accommodation to
place on record the proceedings before the NCLT as on date and the
documents relied upon.
7. As a final opportunity, the learned Counsel for the Petitioner is
granted two weeks’ time to file the requisite documents in support of his
Petition.
8. List on 09.09.2024 in the Supplementary list.

TARA VITASTA GANJU, J

AUGUST 7, 2024/r
Click here to check corrigendum, if any

This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
The Order is downloaded from the DHC Server on 18/08/2024 at 12:29:44
 7
ANNEXURE A-II

I 1

IN THE HIGH COURT OF·DELHI AT NEW DELHI

(EXTRA-ORDINARY ORIGINAL J~ISD l~TIO N)

,,.. ~~

WRIT PETITION (CIVIL) . /,,.

/*
.1.----~ - •
/. .'
'·:-..~

IN THE MATTER OF:

I.

: • susHMA GUPTA
*~ 1

-~
1 Regd. No. 19615 ro I
AHSAN AHMAD 1. )> Expiry Date ~JTIONER
\:?P r
UNION OF INDIA & ORS.
VERs·u~_jt-'
·\ct ~~~ \-
. .. RESP ONOE ~Sy
21-02- 202s .. • .$

\..,o
y~
1/
- ·~----:-:-:.::-:::.- -.-,~
AFFIDAVIT TO PLACE ADDITIONAL DOCUMENTS ON RECO
RD IN
COMPLAINCE OF ORDER DATED 07.08.2024

I, Ahsan Ahmad, s/o Mr. Late Jaan Mohammad, aged 47 years,

Resolution
Professional of SOU Travels Private Limited residing at 608,
New Delhi
House, Barakhamba, New Delhi -110001, , do hereby solemnly
affirm and
declare as under:-

1. That I was appointed as the Resolution Professional of M/s

SOU Travels
Private Limited by the Hon'ble National Company Law Tribunal and
I am fully
conversant with the facts and circumstances of the case and compe
tent to
swear the present affidavit.

2. The Deponent state that the Hon'ble High Court of Delhi vide order
dated
07.08.2024 directed the Applicant to file the necessary documents
in support
of the Petition. Copy of the Order dated 07.08.2024 pas sed
~ Aron'-Q.le
High Court of Delhiis annexed herewith and marked as A'™
/,~o ~rr f>
E 1. ;
./ *

\>
SUSHMA GUPTA
i/ Regd. No. 19615
_ LJ ~ Exp·iry Date =o ~
~~
A _ •

·C) 21-02-20-25 C:
--0 ........
\/'o tf
~~rv ,__ \.. //~
~~~/
 8

3 - The Deponent by this affidavit is annexing the required documents inscribing

that the moratorium is still applicable as the CIRP of SOU Travels Private

Limited. The relevant provision of the Section 14 of Insolvency a nd

Bankruptcy Code, 2016 is re narrated below -

Section 14. Moratorium

(1) Subject to provisions of sub-sections (2) and (3), on the insolvency

commencement date, the Adjudicating Authority shall by order
declare moratorium for prohibiting all of the following, namely:-

(a) the institution of suits or continuation of pending suits or

proceedings against the corporate debtor including execution of
any judgment, decree or order in any court of law, tribunal,
arbitration panel or other authority;

(b) transferring, encumbering, alienating or disposing of by the

corporate debtor any of its assets or any legal right or beneficial
interest therein;

(c) any action to foreclose, recover or enforce any security interest

created by the corporate debtor in respect of its properly including
any action under the Securitisation and Reconstruction of Financial
Assets and Enforcement of Security Interest Act, 2002 (54 of
2002);

(d) the recovery of any properly by an owner or lessor where such

properly is occupied by or in the possession of the corporate
debtor.

[Explanation.--For the purposes of this sub-section, it is hereby

clarified that notwithstanding anything contained in any other law for
the time being in force, a license, permit, registration, quota,
concession, clearances or a similar grant or right given by the Central
Government, State Government, local authority, sectoral regulator or
any other authority constituted under any other law for the time being
in force shall not be suspended or terminated on the gro1JJ1d5-.9f
insolve~cy, subject ~o. the condition that there ~s no. defa~tt,fjlyf tl..e,,?'·-~
of current dues ansIng for the us~ or cont,nuatlon ?"'1fr~tcen • . t,..

*
permit, registration, quota~ conce~s,~n, clearances ~r a (milar grant__
or right during the moratonum penod,J f
*,
1
SUSHMA GU~!~ \
; Regd. No. i 9b.l- 1 eu \
\ ):~ Expiry oate t,
· ·t._i

'
-~·'\
·-;..
2 t-02-2025
~
'~
'-. . C,,k " :---_ ,,/ 0
\~ 0 O' . ___.,. ~\..
··~:--. by GO '/~
'-=-
........... - -";,,ti"
 9

(2) The supply of essential goods or services to the corporate debtor

as may be specified shall not be terminated or suspended or
interrupted during moratorium period.

[(2A) Where the interim resolution professional or resolution

professional, as the case may be, considers the supply of goods or
services critical to protect and preserve the value of the corporate
debtor and manage the operations of such corporate debtor as a
going ~oncem, then the supply of such goods or services shall no_t be
terminated, suspended or interrupted during the period of moratonum,
except where such corporate debtor has not paid dues arising from
such supply during the moratorium period or in such circumstances as
may be specified;]

((3) The provisions of sub-section (1) shall not apply to--

[(a) such transactions, agreements or other arrangements as may be
notified by the Central Government in consultation with any financial
sector regulator or any other authority;]

(b) a surety in a contract of guarantee to a corporate debtor.].

(4) The order of moratorium shall have effect from the date of
such order till the completion of the corporate insolven cy
resolution process:

Provided that where at any time during the corporate insolven cy

resolution process period, if the Adjudicating Authority approves
the resolution plan under sub-section (1) of section 31 or passes
an order for liquidation of corporate debtor under section 33, the
moratorium shall cease to have effect from the date of such
approval or liquidation order, as the case may be.

4. It is submitted by the deponent that as per Section 14(4) of the Insolvency

and Bankruptcy Code, 2016, the Moratorium will cease to be in effect -

a. If Hon'ble Adjudicating Authority approves the Resolution Plan

b. If the Hon'ble Adjudicating Authority passes an Order for liquidation.

However, in the present case, a resolution plan has been filed vide
~ ---=:~;

Application IA No. 177/2023 which is still pending before t~7'~ 1Mi~

for adjudication. Hence, it is unequivocally clear that morc/6,,/J•- is still undAr ..;/
/I* susHM!l. GUl"l'A i

[! Regd. No. 19615 -~~\

~ ~ '.\ J> Expiry oate -o
\\--0 21-02-202 5 C:
'\'. ......
~~ ~
......
• ,A ~"
Ot. 0
' $(/ . _ _ ~\.· f
-.;:~-- by GO i~_,/f
 10

the process.Copy of
recent orders of the Hon'ble NCLT passed in the CIRP
of SOU Travels Private
Limited is annexed herewith and marked as
ANNEXURE 2 (Colly).

S. Moreover, the deponent states that the gratuity Dues as per the books and

accounts of the Corporate Debtor has been provisioned in the Resolution plan

passed by the Committee of credtiors of the Corporate Debtor which is currently

pending before the Hon'ble NCLT, Benguluru Bench

6. That the deponent request the Hon'ble Bench to take on record this

Additionaldocuments and consider it for just and proper justice.

7. The statements made in paragraphs 1 to 6 of the affidavit herein now shown

to me are true to my knowledge and I believe them to be true.

��
DEPONENT

VERIFICATION

Verified at New Delhi on this day of August 2024 that the contents

of Paragraphs 1 and 7 of this Affidavit are true to my knowledge and

nothing material is concealed therefrom.

 11

ANNEXURE 1

$~6
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 4799/2024 & CM Appl.19674/2024
AHSAN AHMAD .....Petitioner
Through: Mr. Rachit Ranjan, Adv.
versus
SAPAN CHAKARABORTY & ORS. .....Respondents
Through: Mr. Nitinjya Chaudhry, Senior Panel
Counsel with Mr. Rahul Mourya, Mr.
Gokul Sharma, Ms. Ashima Kaur,
Ms. Sheffy Bhatia and Ms. Namrata
Bhatia, Advs. for R-1.
CORAM:
HON'BLE MS. JUSTICE TARA VITASTA GANJU
ORDER
% 07.08.2024
CM Appl.45133/2024[For filing amended memo of parties]
1. This is an Application filed on behalf of the Petitioner for filing the
amended memo of parties as per the order dated 15.07.2024 passed by this
Court.
2. Learned Counsel for the Respondents, who appears on advance
Notice, submits that he has no objection if the prayers made in the
Application is allowed.
3. Accordingly, the Application is allowed. The amended memo of
parties is taken on record.
W.P.(C) 4799/2024 & CM Appl.19674/2024[Stay]
4. The Petitioner is a resolution professional appointed pursuant to
proceedings of insolvency initiated against SDU Travels Pvt. Ltd. Learned
Counsel for the Petitioner/Resolution Professional submits that the
proceedings for insolvency were initiated against the SDU Travels

This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
The Order is downloaded from the DHC Server on 18/08/2024 at 12:29:44
 12

(Corporate Debtor) before the National Company Law Tribunal (hereinafter

referred to as “NCLT”), Bengaluru. In terms of order dated 06.01.2022
passed by the NCLT, Bengaluru, a petition was admitted against the
corporate debtor and moratorium was declared in terms of Section 14 of the
Insolvency and Bankruptcy Code, 2016. Learned Counsel for the Petitioner
submits that despite the fact that a moratorium was imposed on the corporate
debtor on 06.01.2022, the learned Labour Court continued to adjudicate the
claim petitions filed by the Respondent Nos.1 to 6 before the Authority
under the Payment of Gratuity Act, 1972 and thereafter, passed the
Impugned Order on 01.05.2023.
5. Learned Counsel for the Petitioner submits that the moratorium has
since been extended till the present date. He further submits that the
Authority was informed of the initiation of the insolvency proceedings as
well as of the passing of the orders of moratorium by NCLT, Bengaluru by
e-mail communications.
6. Learned Counsel for the Petitioner requests for an accommodation to
place on record the proceedings before the NCLT as on date and the
documents relied upon.
7. As a final opportunity, the learned Counsel for the Petitioner is
granted two weeks’ time to file the requisite documents in support of his
Petition.
8. List on 09.09.2024 in the Supplementary list.

TARA VITASTA GANJU, J

AUGUST 7, 2024/r
Click here to check corrigendum, if any

This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
The Order is downloaded from the DHC Server on 18/08/2024 at 12:29:44
 13
ANNEXURE 2

IN THE NATIONAL COMPANY LAW TRIBUNAL

BENGALURU BENCH

ITEM No.15
I.A No. 150, 200/2022, 366/2022 and
I.A No. 148, 175,176 & 177/2023 in
C.P (IB) No.21/BB/2021
IN THE MATTER OF:

M/s. Park View Developers Pvt., Ltd., … Petitioner

Vs
M/s. SDU Travels Private Limited … Respondent

Order under Section 7 of I& B Code, 2016

Order delivered on: 12.04.2023

CORAM:

JUSTICE (RETD.)T. KRISHNAVALLI

HON’BLE MEMBER (JUDICIAL)

SH. MANOJ KUMAR DUBEY

HON’BLE MEMBER (TECHNICAL)

PRESENT:

For Applicant in
I.A No. 200 & 366/2022 : Shri Kirit S Javali

For R-1 in I.A No. 150/2022 : Shri Vijay Narayan

For R-2 & R-3 in

I.A No. 150/2022 : Shri Theerthesh B.S

Resolution Professional : Shri Ahsan Ahmad

ORDER

I.A. No. 150/2022

1. Heard Learned Counsel for the RP and Learned Counsel for the Respondent
No.1, 2 & 3
2. In compliance to the order dated 02.03.2023, the Respondents No.1 has filed an
affidavit vide diary No. 1959 dated 11.04.2023 and Respondents No.2 & 3 has
filed an affidavit vide Diary No. 1973 dated 11.04.2023 and the same is taken on
record. List the I.A on 01.06.2023.
3. The RP is directed to file the list of documents whatever is pending to be handed
over to him from the Respondents, on the basis of the affidavit filed by the
Respondent No.1, 2 & 3 well before the next date of hearing.
 14

I.A. No. 200/2022 and 366/2022

1. Heard Learned Counsel for the Applicant and Learned counsel for the
Respondent.
2. List the I.As on 01.06.2023.

I.A. No. 148/2022

1. Heard the Learned Counsel of the RP/Applicant

2. On the last date of hearing i.e., 02.03.2023, the RP was directed to file two page
synopsis with regard to the justification of the instant application within one
week.
3. One week further time is granted comply with the order dated 02.03.2023 to
the Applicant. List the I.A on 01.06.2023.

I.A. No.175/2023 I.A No. 176/2023 and I.A No. 177/2023

1. Heard Shri Ahsan Ahmad, Learned Counsel for the RP/Applicant.

2. Issue Notice to the Respondents. Registry is directed to prepare notice and the
Counsel for the Applicant shall collect the notice and serve it on the
Respondents along with application and other material papers through email as
well as by speed post and is directed to file affidavit of service along with
tracking report in the Registry within two weeks.
3. A period of two weeks for filing reply from the date of receipt of copy of the
notice and two weeks for filing rejoinder, if any, thereto from the date of receipt
of copy of reply, is granted. List the all I.As on 01.06.2023.

Sd/- Sd/-
MANOJ KUMAR DUBEY T.KRISHNAVALLI
MEMBER (TECHNICAL) MEMBER (JUDICIAL)

Gayathri
 15

IN THE NATIONAL COMPANY LAW TRIBUNAL

SPECIAL BENCH, BENGALURU
(through web-based video conferencing platform)

ITEM No.01
I.A. Nos.200, 366/2022, 148, 175,
176, 177, 275, 276 & 660 of 2023 in
C.P. (IB) No.12/BB/2021

IN THE MATTER OF:

M/s. Park View Developers Pvt. Ltd. … Petitioner

v.
M/s. SDU Travels Pvt. Ltd. … Respondent

Order under Section 7 of Insolvency & Bankruptcy Code, 2016

Order delivered on: 19.10.2023

CORAM:

SH. P. MOHAN RAJ

HON’BLE MEMBER (JUDICIAL)

SH. MANOJ KUMAR DUBEY

HON’BLE MEMBER (TECHNICAL)

PRESENT:

For the Applicant in I.A. 200 & 366 of 2022 : Ms. Kirti J.
Resolution Professional : Shri Ahsan Ahmed
For the Applicant in IA 660/2023 : Shri Parashuram A.

ORDER

I.A. No.176 of 2023

1. Heard the learned Counsel for the Applicant.

2. Order Reserved.

I.A. No.660/2023

1. Heard the learned Counsel for the Applicant.

2. Issue Notice to the Respondents. Registry is directed to prepare the
notice and the learned Counsel for the Applicant is permitted to collect
the notice and serve it on the Respondents through e-mail as well as by
speed post and is directed to file a proof of service duly enclosing the
corresponding tracking report in the Registry within one week.
 16

3. A period of two weeks for filing reply from the date of receipt of the
notice, and one week thereafter for filing rejoinder, if any, thereto is
granted.
4. List the matter on 28.11.2023.
1.

I.A. Nos.275 & 276 of 2023

1. None for the Applicant.

2. List the matter on 28.11.2023.
I.A. Nos.200 & 366 of 2022, 148, 175 & 177 of 2023

1. Heard the learned Counsels for the parties.

2. List the matter on 28.11.2023.

Sd/- Sd/-
(MANOJ KUMAR DUBEY) (P. MOHAN RAJ)
MEMBER (TECHNICAL) MEMBER (JUDICIAL)
 17

IN THE NATIONAL COMPANY LAW TRIBUNAL

BENGULURU BENCH, BENGALURU
[Through Physical hearing/VC Mode (Hybrid)]

ITEM No.01
IA.Nos.200, 366/2022
148, 175, 177, 275, 276, 600/2023 in
CP (IB) No.12/BB/2021

IN THE MATTER OF:

M/s. Park View Developers Pvt. Ltd. … Petitioner
Vs.
M/s. SDU Travels Pvt. Ltd. … Respondent

Order under Section 7 of Insolvency & Bankruptcy Code, 2016

Order delivered on: 28.11.2023

CORAM:
SH. K. BISWAL
HON’BLE MEMBER (JUDICIAL)

SH. MANOJ KUMAR DUBEY

HON’BLE MEMBER (TECHNICAL)
PRESENT:
The RP : Ahsan Ahmed
For the Applicant in
IAs.275 & 276/2023 : Shri Saravana.P
For the Applicant in
IAs.200 & 166/2023 : Shri. Kirit S Javali
For R2, 3 & 5 in
IA.175/2023, R7 & 8
in I.A.No.177/2023 : Shri Theerthesh B.S
For R9 in IA.175/2023 : Shri. Kirit Javali

ORDER
I.A Nos.200 & 366 of 2022
1. Heard the Ld. Counsels for the appearing for the Applicant and RP.
2. List the case on 13.12.2023.

IA Nos.148 of 2023:
1. Heard the Ld. Counsels for the appearing for the Applicants and
Respondents.
 18

:2:
2. The present application has been filed by the RP seeking to exclude 136 days
from 25.03.2022 to 08.08.2022 from CIRP period.
3. Due to non-cooperation by the Suspended Board of Directors of Corporate
Debtor, it is found that IA.No.150/2022 filed by the RP under Section 19 (2)
read with 60 (5) and 70 IBC, 2016 was disposed of on 24.08.2023 with
direction to the Respondent Suspended Directors to co-operate with the RP
till completion of the CIRP. It was also directed to file the compliance affidavit
by the respondent within 30 days from the date of this Order giving specific
details regarding furnishing of each document/ information as requested by
the RP.
4. No memo of compliance has been filed. The RP is permitted to file brief written
submission not more than four pages along with citations if any, for
explaining the reason for seeking exclusion of time by 136 days in this IA.
5. List the case on 13.12.2023.

IA.No.660/2023:
1. None appeared for the Applicant.
2. It is noticed that vide Order dated 19.10.2023 was directed to file proof of
service. However, the same is not filed. Therefore Ld. Counsel for the
Applicant is directed to file proof of service along with tracking report well
before the next date of hearing.
3. The Respondents are directed to file objections within a week of receipt of
notice and rejoinder, if any, be filed in a week thereafter.
4. List the case on 13.12.2023.

IA.No.175, 176, 177, 275, 276/2023:

1. Heard the Ld. Counsels for the appearing for the Applicants and
Respondents.
2. List the IA.s on 13.12.2023.

-Sd- -Sd-
MANOJ KUMAR DUBEY K. BISWAL
MEMBER (TECHNICAL) MEMBER (JUDICIAL)
Bhavya
 19

IN THE NATIONAL COMPANY LAW TRIBUNAL

BENGALURU BENCH, BENGALURU
(Through Physical Hearing / VC Mode (Hybrid))

ITEM No.02
I.A. Nos.200, 366/2022, 148, 175,
177, 275, 276, 660 & 796/2023 in
C.P. (IB)No.12/BB/2021

IN THE MATTER OF:

M/s. Park View Developers Pvt. Ltd. … Petitioner

Vs.
M/s. SDU Travels Pvt. Ltd. … Respondent

Order under Section 7 of IBC, 2016

Order delivered on 13.12.2023

CORAM:

SHRI K. BISWAL
HON’BLE MEMBER (JUDICIAL)

SHRI MANOJ KUMAR DUBEY

HON’BLE MEMBER (TECHNICAL)

PRESENT:

The RP : Shri Ahsan Ahmed

For the Applicant in
IAs 275 & 276/2023 : Shri Saravana. P
For the Applicant in
IAs 200, 366/2022, &
R9 in IA.175/2023 : Shri. Kirit Javali
For R-2, 3 & 5 in IA.175/2023,
R-7 & R-8 in I.A.177/2023 : Shri Theerthesh B.S
For R-1 in I.A.177/2023 : Shri A. S. Vishwajith
For the Applicant
in IA.660/2023 : Shri Praval Arora
For the Respondent in IA 660/23 : Shri Vijay Narayan
 20

:2:

ORDER

I.A. No.275 & 276/2023.

1. Heard the learned Counsel for the Applicant and Ld. Resolution
Professional/Respondent.
2. The learned Counsel for the Applicant submits that he has filed rejoinder
through e-filing and seeks time to file a physical copy. He is permitted to file
the same, within one week. Ld. Resolution Professional seeks time to file
written submissions. He is permitted to file the same in not more than 4
pages, within a period of one week.
3. Subject to the making above compliances, Orders Reserved in I.A.s.

I.A. No.148/2023

1. The present application has been filed by the Resolution Professional

seeking to exclude the period from 25.03.2022 to 08.08.2022 i.e. 136 days
for the calculation of the period of the CIRP of the Corporate Debtor, due to
non-cooperation by the member of the suspended Board of Directors of the
Corporate Debtor.
2. Heard the Ld. Counsel for the Applicant/RP.
3. In compliance to para no.4 of the order dated 28.11.2023, Ld. Resolution
Professional has filed written submissions along with the citations
explaining the reasons for seeking exclusion of time by 136 days in this IA
vide Dairy No.6175 dated 11.12.2023 and the same is taken on record.
4. In the circumstances, and for the reasons mentioned in the Application &
written submissions, the instant I.A. is hereby allowed by granting exclusion
of a period of 136 days from 25.03.2022 to 08.08.2022 for CIRP process.
5. Accordingly I.A. No.148 of 2023 is disposed of.

I.A No.200 & 366/2022

1. Heard the learned Counsel for the Applicant and the learned
RP/Respondent.
2. The learned Counsel for the Applicant submits that consequent to the order
dated 25.09.2023 passed in IA No.422 of 2023, the Applicant was given
liberty to file appropriate Application, he has filed an application challenging
the constitution of COC with the Related Parties, but the same is not listed
today. Registry is directed to list the same on the next date of hearing, if it
is in order, in all aspects. Ld. Resolution Professional seeks time to file
written submissions in both the I.A.s. He is permitted to file the same in not
more than 4 pages, within a period of one week.
3. List the IAs on 19.01.2024.
 21

:3:

I.A No.660/2023

1. Heard the Ld. Counsel for the Applicant and the Ld. RP.
2. Ld. Counsel for the Applicant submits that he has rejoinder through e-filed
and requests time for filing the physical copy. He is permitted file the same,
within a period of one week.
3. List the instant I.A. along with all other pending I.A.s on 19.01.2024.

-Sd- -Sd-
(MANOJ KUMAR DUBEY) (K. BISWAL)
MEMBER (TECHNICAL) MEMBER (JUDICIAL)

Anishma
 22

IN THE NATIONAL COMPANY LAW TRIBUNAL

BENGALURU BENCH, BENGALURU
(Through Physical Hearing / VC Mode (Hybrid))

ITEM No.12
I.A.Nos.175, 177 & 851/2023 in
C.P. (IB).No.12/BB/2021
IN THE MATTER OF:
M/s. Park View Developers Pvt. Ltd. … Petitioner
Vs.
M/s. SDU Travels Pvt. Ltd. … Respondent
Order under Section 7 of IBC, 2016
Order delivered on 05.07.2024
CORAM:
SHRI K. BISWAL
HON’BLE MEMBER (JUDICIAL)
SHRI MANOJ KUMAR DUBEY
HON’BLE MEMBER (TECHNICAL)
PRESENT:
The Resolution Professional : Shri Ahsan Ahmed
For the R-1 in IA. 177/2023 : Shri A. S. Vishwajith
For the R-2, R-3 & R-5 in
IA.175 & 851/2023/ R-7
& R-8 in IA.177/2023 : Shri Theerthesh B. S.
For the Applicant in IA.851/
2023/ R-9 in IA.175/2023 : Shri Kriti S. Javali
For R-11 in IA. No.175/2023 : Shri Praval Arora, Adv Abhilash Verma

ORDER
I.A. No.851 of 2024:
1. Heard the Ld. Counsels for the Parties.
2. Ld. Counsel for the Applicant, the Ld. Counsels for the R-2, R-3 & R-5 and
the R-7/RP are directed to file written submissions along with the judgments
on which they are relying upon, within a period of two weeks, after duly
serving the copy on the other side.
3. Subject to making the above compliance, Order Reserved in I.A.No.851 of
2024.

C.P. (IB).No.12/BB/2021:
1. Heard the Ld. Counsels for the Parties.
2. List the matter along with the IAs on 26.08.2024.

-Sd- -Sd-
(MANOJ KUMAR DUBEY) (K. BISWAL)
MEMBER (TECHNICAL) MEMBER (JUDICIAL)
 23
Page 1 of 5

IN THE NATIONAL COMPANY LAW TRIBUNAL

BENGALURU BENCH, BENGALURU
[Through Physical hearing/VC Mode (Hybrid)]

ITEM No.08
I.A. Nos.175, 176, 177, 660,
796, 851/2023 & 133/2024 in
C.P. (IB) No.12/BB/2021
IN THE MATTER OF:
M/s. Park View Developers Pvt. Ltd. … Petitioner
Vs.
M/s. SDU Travels Pvt. Ltd. … Respondent

Order under Section 7 of Insolvency and Bankruptcy Code, 2016

Order delivered on: 24.05.2024

CORAM:
SH. K. BISWAL
HON’BLE MEMBER (JUDICIAL)

SH. MANOJ KUMAR DUBEY

HON’BLE MEMBER (TECHNICAL)

PRESENT:
Resolution Professional : Shri Ahsan Ahmed
For the Applicant in I.A.s 660,
796/2023 & 133/2024 : Shri Parashuram Ajjampur
For the R-1 in IA 177/2023 : Shri A.S. Vishwajith
For R-2, R-3 & R-5 in IAs 175,
851/2023 & 133/2024, R-7 &
R-8 in IA 177/2023 : Shri Theerthesh B.S.
For the Applicant in IA 851/
2023/ R-9 in IA 175/2023 : Ms. Kirti S. Javali
ORDER

I.A. No.176 of 2023:

1. The present Application has been filed by the Resolution Professional inter
alia seeking to issue direction to the Respondent No.1 (Income Tax
Department) and Respondent No.2 (ICICI Bank Ltd.) to vacate the lien
 24
Page 2 of 5

marked and de-freeze Account No.629406000614 maintained with ICICI

Bank Ltd. ICICI Towers, 1 Commissariat Road, Bengaluru-560025.
2. Heard the Ld. Counsel for the Applicant/RP.
3. It is noticed that on 16.05.2023 notice has been served to the ICICI Bank
Ltd. by speed post and on 01.04.2024 the Counsel for the Income Tax
Dept. was granted time to file to file reply. In spite of availing substantial
time, no reply has been filed by the Income Tax Dept. and ICICI Bank Ltd.
till date. Therefore, it seems there is no objection for this Application.
4. In the circumstances, and for the reasons mentioned by the Applicant, the
instant Application is hereby allowed by directing to the Respondent No.1
(Income Tax Department) and Respondent No.2 (ICICI Bank Ltd.) to vacate
the lien marked and de-freeze Account No.629406000614 maintained with
ICICI Bank Ltd. ICICI Towers, 1 Commissariat Road, Bengaluru-560025.
5. Accordingly, I.A. No.176 of 2023 is hereby disposed of.

I.A. No.660 & 796 of 2023:

1. These Applications have been filed by Mr. Asheesh Choudhary inter alia
seeking to condone the delay of 210 & 241 days in filing the claim
amounting to Rs.2,82,60,000/ & Rs.2,62,00,000/- and direct the RP to
accept the claim of the Applicants made against the Corporate Debtor.
2. Heard the Ld. Counsels for the parties.
3. The Resolution Professional has filed reply vide diary no.5952 & 2771
dated 28.11.2023 & 13.05.2024, wherein it is stated that the Applicant
has filed its Claim under Form D for amount of Rs.2,82,60,000/ &
Rs.2,62,00,000/- vide email dated 03.05.2023 to the RP with a delay of
449 days in both these IAs and subsequently the RP rejected the claim of
the Applicants being time barred. It is also stated that a Resolution Plan
has been approved in the 08th meeting held on 22.02.2023 by the CoC and
subsequently the RP has filed an Application bearing IA No.177/2023
seeking approval of the resolution plan on 25.02.2023, and the same is
pending before this Adjudicating Authority. The RP has relied upon the
 25
Page 3 of 5

judgment of Hon’ble Apex Court in the case of RPS Infrastructure Ltd. vs.
Mukul Kumar & Anr. (2023 INSC 816) dated 11.09.2023.
4. From perusal of the records, it is noticed that the Applicant had submitted
their claim after 449 (actual date as per submission of RP) days from the
invitation of submitting claims through public notice made on
10.02.2022.The extended time period as per Regulation 12(2) of the IBBI
(CIRP) Regulations, 2016 for submission of claims with proof is ninety days
from the date of initiation of the IRP. This period also expired on
04.05.2022 (i.e. 90 days from the insolvency commencement date i.e.
03.02.2022). It is an admitted fact that the CoC had approved the
Resolution Plan and the same is pending before this Adjudicating
Authority.
5. We are of the view that when the Resolution Plan has already been
approved by the CoC and it is pending before the Adjudicating Authority
for approval, at this stage, if Resolution Professional is directed to
entertain new claim, after the approval of resolution plan by CoC, the CIRP
would be jeopardized and the Resolution Process may become more
difficult. Keeping in view the object of the IBC which is resolution of
Corporate Debtor in a time bound manner to maximize the value, if such
belated claims of Applicants is accepted at this stage, the very purpose of
IBC would be defeated.
6. The Hon’ble Supreme Court in the case M/s. RPS Infrastructure Ltd.
(supra), wherein it was categorically held that as follows:
“The mere fact that the Adjudicating Authority has yet not approved the plan
does not imply that the plan can go back and forth, thereby making the CIRP
an endless process. This would result in the reopening of the whole issue,
particularly as there may be other similar persons who may jump onto the
bandwagon. As described above, in Essar Steel, the Court cautioned against
allowing claims after the resolution plan has been accepted by CoC.”
6. In the circumstances, and in view of the abovementioned judgment passed
by the Hon’ble Apex Court, these Applications i.e. I.A. Nos.660 & 796 of
2023 are hereby dismissed.
 26
Page 4 of 5

I.A. No.133 of 2024:

1. The present Application has been filed by Mr. Asheesh Choudhary inter
alia seeking to pronounce the initiation of CIRP under Section 7 petition
initiated by R-2 through the Financial Creditor as fraudulent and a
substantial violation under the provisions of Section 65 of the IBC, and set
aside the admission order dated 06.01.2022 under Section 7 of the IBC
owing to Respondent Nos.1-6 being related parties; to set aside the Section
7 admission order dated 06.01.2022 and declare the CIRP against the
Corporate Debtor as abated, thereby releasing the Corporate Debtor from
the implications of CIRP including the effects of the moratorium etc.
2. Heard the Ld. Counsels for the parties.
3. In support of their Application, the Applicant has filed a memo vide diary
no.2071 dated 02.04.2024 in which a chart explaining the relation
between the Respondents and their involvement as Directors, members of
the CoC has been given. In this memo a list has been attached in which
the relation of the members of the CoC with the Corporate Debtor and its
promoters has been given. Thus, the basis of the allegation of the Applicant
is that the CoC is comprised of related parties.
4. It is noticed that an identical matter was dealt with by this Adjudicating
Authority in I.A. No.422/2023 on 25.09.2023 in the same case and the
following order was passed:
“….3. It is stated by the Ld. Counsel for the Applicant that the CoC has been
constituted with related parties; parties who are same group companies,
accordingly this constitution of the CoC is not valid. However, for such a
claim, the initiation of the CIRP itself cannot be challenged. Therefore we are
inclined to dispose of the present application with a liberty to the Applicant
to the file appropriate I.A. Accordingly, I.A. No.133 of 2024 is disposed of.”
5. The basic contention of the Applicant is in this prayer is same as in IA
No.422/2023 that the CoC was constituted with related parties, therefore,
the constitution was invalid. However, such an allegation cannot be made
to challenge the initiation of the CIRP and accordingly this application is
not maintainable. Therefore, the instant Application i.e. I.A. No.133/2024
 27
Page 5 of 5

is disposed of with a liberty to the Applicant to file appropriate Application

as per law, if so desired.

I.A. No.175/2023

1. Heard the Ld. Counsels for the parties.

2. List the matter on 05.07.2024.

I.A. No.177/2023

1. Heard the Ld. Counsels for the parties.

2. In compliance to the order dated 19.01.2024, the RP has filed a compliance
memo vide diary no.1813 dated 19.03.2024 and the same is taken on record.
3. List the matter on 05.07.2024.

I.A. No.851/2023

1. Heard the Ld. Counsels for the parties.

2. In compliance to the order dated 01.04.2024, Ld. Counsel for the R-2, R-3 &
R-5 has submitted that he has filed objections vide diary no.2047 on
01.04.2024. The same is taken on record. On 01.04.2024, the Applicant was
granted one week time to file rejoinder. In spite of availing substantial time,
no rejoinder has been filed by the Applicant till date. In the circumstances,
the right to file rejoinder to the reply filed by R-2, R-3 & R-5 of the Applicant
is forfeited.
3. The R-7/RP has filed his objections vide diary no.1008 on 14.02.2024 and
rejoinder to the objections filed by R-7 has filed by the Applicant vide diary
no.1399 on 01.03.2024 and the same are on record.
4. On 01.04.2024 the R-1 & R-6 was granted time to file Vakalath as well as
reply subject to payment of cost of Rs.10,000/- to the ‘Prime Minister’s
National Relief Fund’. However, no cost has been paid by the R-1 & R-6 till
date. In the circumstances, the right to file reply of R-1 & R-6 is forfeited.
5. Pleadings are complete.
6. List the matter for hearing on 05.07.2024.

-Sd- -Sd-
MANOJ KUMAR DUBEY K. BISWAL
MEMBER (TECHNICAL) MEMBER (JUDICIAL)
Puja
 28

IN THE NATIONAL COMPANY LAW TRIBUNAL

BENGALURU BENCH, BENGALURU
[Through Physical hearing/VC Mode (Hybrid)]

ITEM No.10
I.A. Nos.175, 176, 177, 660,
796, 851/2023 & 133/2024 in
C.P.(IB) No.12/BB/2021

IN THE MATTER OF:

M/s. Park View Developers Pvt. Ltd. … Petitioner
Vs.
M/s. SDU Travels Pvt. Ltd. … Respondent

Order under Section 7 of Insolvency & Bankruptcy Code, 2016

Order delivered on: 01.04.2024

CORAM:
SH. K. BISWAL
HON’BLE MEMBER (JUDICIAL)

SH. MANOJ KUMAR DUBEY

HON’BLE MEMBER (TECHNICAL)

PRESENT:
For the Applicant in IA 851/2023/
R-9 in IA 175/2023 : Ms. Kirti S. Javali

For the R-1 in IA 177/2023 : Shri A.S. Vishwajith

For R-2, R-3, R-5 in IA 175/2023/

R-7 & R-8 in IA 177/2023/
Respondent in IA 851/2023
& IA 133/2024 : Shri Theerthesh B.S.

For the Applicant in IA Nos.660

/2023, 796/2023 & 133/2024/
R-11 in IA 175/2023 : Shri Parshuram A. L.

For the R-1 & R-6 in IA 851/2023 : Shri Vijay

For the R-1/Income Tax Dept.
in IA 176/2023 : Shri Ganesh R. Ghale
For R-2, 3 & 5 in IA 851/2023 : Appeared
For R-7 in IA 851/2023 : Appeared
The Resolution Professional : Shri Ahsan Ahmed
 29

ORDER
I.A. No.133/2024

1. Heard the Ld. Counsels for the parties.

2. The Ld. Counsel for the Respondent Nos.2, 3 & 5 stated that the Applicant
has not made them as a party in e-filing portal. Therefore, the Applicant
is directed to rectify it immediately.
3. The Ld. RP/Respondent No.7 submitted that he has filed his reply vide
diary no.1812 dated 19.03.2024. The same is taken on record. The Ld.
Counsel for the Applicant stated that he has filed rejoinder to the reply filed
by the R-7 through e-filing and requested time to file physical copy in the
Registry. Therefore, he is permitted to file the same by within a period of two
days.
4. The Respondent Nos.1-6 are directed to file their reply, if any, within a
period of two weeks, after duly serving the copy on the other side. The
Applicant shall file rejoinder, if any, thereto within a period of one week.
5. List the matter on 24.05.2024.

I.A. Nos.796 & 660/2023

1. Heard the Ld. Counsels for the parties.

2. The Ld. RP/R-7 in IA 660/2023 has filed reply vide diary no.5952 dated
28.11.2023. The same is on record. Subsequently, the Applicant has filed
rejoinder vide diary no.6516 dated 26.12.2023. The same is also on record.
3. The Ld. RP/R-7 in IA 796/2023 is directed to file reply in IA 796/2023,
within a period of one week, after duly serving the copy on the other side.
The Applicant in IA 796/2023 shall file rejoinder, if any, thereto within a
period of one week.
4. All the parties are directed to complete their respective part of pleadings,
well before the next date of hearing, failing which, their respective right
shall stand forfeited and the Applications will be decided based on the
record available.
5. List the matter on 24.05.2024.

I.A. No.176/2023

1. Heard the Ld. Counsels for the parties.

2. The Ld. Applicant/RP stated that in compliance to the order dated
21.02.2024, notice has been served on the Income Tax Dept. The Ld.
Counsel for the IT Dept. requested time to file reply. Therefore, the
Applicant contended that the demand, if any, related to the Income Tax
has to be submitted as a claim before the RP since the matter is under
CIRP. The IT Dept. is permitted to file reply, within a period of two weeks,
after duly serving the copy on the other side. The Applicant shall file
rejoinder, if any, thereto within a period of one week.
3. List the matter on 24.05.2024.
 30

I.A. No.851/2023

1. Heard the Ld. Counsels for the parties.

2. The Ld. Counsel for the R-2, R-3 & R-5 submitted that he has filed
objection through e-filing and requested time for filing physical copy of the
same. Therefore, he is permitted file the same within a period of three
days, after duly serving the copy on the other side and one week thereafter
to the Applicant to file rejoinder, if any, after duly serving the copy on the
other side.
3. On 21.02.2024, the R-1 & R-6 was granted time to file Vakalath and
objections. In spite of availing sufficient time, the Ld. Counsel for the R-1
& R-6 sought some more time to file the same. Therefore, the Ld. Counsel
for the R-1 & R-6 is permitted to file Vakalath, within a period of three
days, failing which it will be treated that there is no Counsel appeared for
the R-1 & R-6. After filing Vakalath, the Ld. Counsel for the R-1 & R-6 is
permitted to file objections, within a period of one week subject to the
payment of cost of Rs.10,000/- (Rupees Ten Thousand Only) to the ‘Prime
Minister’s National Relief Fund’ and file proof of payment in the Registry
within one week. It is made clear that only after filing the proof of payment,
the objections will be considered. The Applicant shall file rejoinder, if any,
thereto within a period of one week.
4. List the matter on 24.05.2024.

Sd/- Sd/-
MANOJ KUMAR DUBEY K. BISWAL
MEMBER (TECHNICAL) MEMBER (JUDICIAL)
Puja
 31

IN THE NATIONAL COMPANY LAW TRIBUNAL

SPECIAL BENCH, BENGALURU
(Through web-based Video Conferencing mode)

ITEM No. 08
IA Nos.175, 176, 177, 660, 796,
851/2023 and 133/2024 in
CP (IB) No.12/BB/2021

IN THE MATTER OF:

M/s. Park View Developers Pvt. Ltd. … Petitioner
Vs.
M/s. SDU Travels Pvt. Ltd. … Respondent

Order under Section 7 of Insolvency & Bankruptcy Code, 2016

Order delivered on: 21.02.2024

CORAM:
JUSTICE (RETD.) T. KRISHNAVALLI
HON’BLE MEMBER (JUDICIAL)

SHRI MANOJ KUMAR DUBEY

HON’BLE MEMBER (TECHNICAL)

PRESENT:
The RP : Shri Ahsan Ahmad
For IA 175/2023 : Shri Kirit S. Javali, Adv. for R9
For IA 176/2023 : Shri Parashuram A.L., Adv.
For IA 177/2023 : Shri Abhishek Wadiyar, Adv. for R1
For IA 796/2023 and : Shri Parashuram A.L., Shri Praval Arora,
IA 133/2024 Shri Abhilash Verma, Advs. for Applicant &
For R11 in IA 175/2023
For IA 851/2023 : Shri Kirit S. Javali, Adv. for Applicant
For IA 851/2023 : Shri Chetan Tripathi, Adv. for R1 & R6
For IAs 175, 177/2023 : Shri Theerthesh B.S., Adv. for R2, R3, R5 in
IA 175/2023, R8 in IA 177/2023

ORDER
IA No.176 of 2023:
1. Heard the Ld. Counsels for the Parties.
 32

2. It is noticed that vide Order dated 19.10.2023, IA No.176 of 2023 was wrongly
recorded as Order Reserved during the Special Bench, however, the same was
not reserved during the hearing. In view of the above, Order dated 19.10.2023
stands modified to the above extent.
3. Today, Ld. RP submits that there is no income tax demand against the
Corporate Debtor, however, ICICI Bank informed the RP that Bank A/c of the
Corporate Debtor was lien marked and has been debit freeze on order of the
Income Tax Department. In this regard, he has written to the Income Tax
Department as well as to the ICICI Bank Bengaluru asking them to de-freeze
the Bank A/c. However, no reply has been received till date.
4. It is seen that pursuant to notice issued on 19.04.2023, Ld. Counsel for the
Applicant-RP has filed proof of service of notice vide Diary No.2683 dated
25.05.2023, wherein, it is observed that notice sent to the Income Tax Dept.
was unserved with remarks ‘Insufficient Address’. However, he states that
copy of notice along with IA has been sent by e-mail to all the Respondents
on 08.05.2022. In this regard, Ld. RP states that ICICI Bank has not given
the correct address of the Income Tax authority under whose instructions
they have frozen the Bank A/c of the Corporate Debtor.
5. In the circumstances, we hereby direct the Respondent No.2 herein i.e., ICICI
Bank, Commissariat Road, Bengaluru to furnish the correct address of the
Income Tax Dept. to enable the Resolution Professional to serve another
notice on R-1.
6. Registry is directed to prepare notice to the Income Tax Department (R-1) with
the correct address. Ld. Counsel for the Applicant/RP is directed to collect
the notice from the Registry and serve it on the R-1 and a copy be served on
the Counsel for the IT Department, along with a copy of the Application and
other material documents and to file an Affidavit of Service along with
tracking report in the Registry within two weeks.
7. List the case for further consideration on 01.04.2024.
IA No.851 of 2023:
1. Heard the Ld. Counsels for the Parties.
2. In compliance to order dated 19.01.2024, RP for R-7 has filed his reply vide
Diary No.1008 dated 14.02.2024. The same is taken on record. In compliance
 33

to order dated 19.01.2024, Ld. Counsel for the Applicant submits that he has
filed the Chart through e-filing and seeks to file the physical copy. The same
be filed in the Registry within one week. He further seeks and is granted one
week’s time to file rejoinder, after duly serving the copy on the other side.
Today, Ld. Counsel for R1 to R6 undertakes to file vakalath and objections.
Ld. Counsel for R1 to R6 is granted 3 days to file Vakalath and one week
finally to file objections, after duly serving the copy on the other side.
3. List the case on 01.04.2024.

IA No.133 of 2024:
1. Heard the Ld. Counsel for the Applicant.
2. Ld. RP accepts notice for R-7 and seeks a copy of the IA to file objections. Ld.
Counsel for the Applicant is directed to serve a copy of the IA on R-7.
3. Issue notice to R1 to R6. Registry is directed to prepare the notice and Counsel
for the Applicant is directed to collect the notice from the Registry and serve
it on Respondent Nos. 1 to 6 along with a copy of the Application and other
material documents and to file an Affidavit of Service along with tracking
reports in the Registry within two weeks. Upon receipt of notice, two weeks
are granted to the Respondents to file objections and one week thereafter to
the Applicant to file rejoinder, if any, after duly serving the copy on the other
side.
4. List the case on 01.04.2024 along with other IAs.

Sd/- Sd/-
MANOJ KUMAR DUBEY T. KRISHNAVALLI
MEMBER (TECHNICAL) MEMBER (JUDICIAL)
Krishna
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Page 1 of 3

IN THE NATIONAL COMPANY LAW TRIBUNAL

BENGALURU BENCH, BENGALURU
(Through Physical Hearing / VC Mode (Hybrid))
ITEM No.01
I.A. No.200, 366/2022, 175,
177, 660, 796 & 851/2023 in
C.P. (IB)No.12/BB/2021

IN THE MATTER OF:

M/s. Park View Developers Pvt. Ltd. … Petitioner

Vs.
M/s. SDU Travels Pvt. Ltd. … Respondent

Order under Section 7 of IBC, 2016

Order delivered on 19.01.2024
CORAM:

SHRI K. BISWAL
HON’BLE MEMBER (JUDICIAL)
SHRI MANOJ KUMAR DUBEY
HON’BLE MEMBER (TECHNICAL)

PRESENT:

The Resolution Professional : Shri Ahsan Ahmed

For the Applicant in IA. 200, 366 &
851/2023/R-9 in IA. 175/2023 : Shri Kirit Javali
For the R-2, R-3 & R-5 in
IA. 175/2023/ R-7 & R8 in IA. 177/2023 : Shri Theerthesh B. S.
For R-1 in IA. 177/2023 : Shri A. S. Viswajith
For the Applicant in IA. 660, 796/2023/
R-11 in IA 175/2023 : Shri Parashuram A.

ORDER
I.A. Nos. 200 & 366/2022:

1. Heard the Ld. Counsel for the Applicant and the Ld. RP/Respondent.
2. Ld. Counsel for the RP submits that he has filed his written submissions in I.A.
No. 200 of 2022 vide Dairy No. 6451 dated 20.12.2023 and in I.A. No. 366 of
2022 vide Dairy No. 6454 dated 20.12.2023 and the same are taken on record.
3. Ld. Counsel for the Applicant seeks and granted one week time to file his written
submissions in both the IAs, after duly serving a copy on the other side.
4. Orders Reserved in I.A. Nos. 200 & 366/2022.
 35
Page 2 of 3

I.A. No.177 of 2023:

1. Heard the Ld. Counsel for the parties.

2. It is noticed that the Performance Bank Guarantee for an amount of
Rs.6,00,000/- filed along with the Affidavit by the RP vide Diary No. 3326 dated
23.06.2023 is only valid upto 06.09.2023. Therefore, he is directed to file the
latest copy of the Performance Bank Guarantee, within a period of one week.
3. He is further directed to explain the capability of the SRA to implement the
Resolution Plan compliance of Regulation 38(3)(e) of the IBBI (Insolvency
Resolution Process for Corporate Persons) Regulations, 2016. It is stated at page
70 of the IA that an unsecured loan of Rs.55,00,000/- was proposed to be taken
by the SRA. Therefore, SRA is directed to give details of the same along with the
list of persons and their PAN who have consented to give the loan.
4. -List the instant IA along with IA. 175 of 2023 on 21.02.2024.

I.A. Nos. 660 & 796 of 2023:

1. Heard the Ld. Counsel for the Applicant and the Ld. RP.
2. I.A. No. 796 of 2023 has been filed by the Mr. Asheesh Choudhary seeking to
condone the delay of 241 days from 01.11.2022 to 29.06.2023 in filing the claim
amount to Rs.2,62,00,000/- through Form-B. However, the Ld. RP states that
the actual delay is 449 days. Therefore, Ld. Counsel for the Applicant is directed
to file a clarification memo explaining the same.
3. The I.A. No. 660 of 2023 is related to the claim for which the condonation of delay
has been filed in I.A. No. 796 of 2023. Ld. Counsel for the RP states that he has
filed his reply in I.A. 660 of 2023 vide Dairy No. 5923 dated 28.11.2023 and the
same is taken on record. Since the claim was furnished much after the approval
of the Resolution Plan by the Committee of Creditors, the Ld. RP has relied upon
the judgment of the Hon’ble Supreme Court in M/s. RPS Infrastructure Ltd. v.
Mukul Kumar and Anr. (2023 INSC 816).
4. List the IAs for further consideration on 21.02.2024.

I.A. No.851 of 2023:

1. The present Application has been filed by Mr. Vipin Kumar Sharma under
Section 60(5) of the Code, 2016 r/w First Proviso to Section 21(2) and Section 5
Sub-Section 24 of the Code, 2016 and Rule 11 of the NCLT, 2016 seeking to set
aside the Committee of Creditors as the members of the Committee of Creditors
are related parties.
2. Heard the Ld. Counsels for the Applicant and the Respondent No.7.
3. Ld. Counsel for the Applicant has explained as to how this application has been
filed to declare the members of the Committee of Creditors as related parties. He
is directed to file simple chart including information such as which persons can
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Page 3 of 3

be categorised as related parties as per the provisions of the Code and from which
date to which date they were holding directorship/shareholding in which
company so that the provisions of Section 21(2) of IBC, 2016 can be clearly
brought out along with any other judicial precedents in this regard, within a
period of one week.
4. Ld. RP accepts notice for the Respondent No.7 in the instant IA and seeks time
to file his objections. Therefore, he is permitted to file the same, within a period
of two weeks and one week thereafter for filing rejoinder, if any, thereto is
granted.
5. Issue Notice to Respondents Nos.1 to 6. Registry is directed to prepare the notice
and the Ld. Counsel for the Applicant is permitted to collect the notice and serve
it on the Respondents Nos.1 to 6 through e-mail as well as by speed post and is
directed to file a proof of service duly enclosing the corresponding tracking report
in the Registry within one week.
6. A period of two weeks for filing reply from the date of receipt of the notice, and
one week thereafter for filing rejoinder, if any, thereto is granted.
7. List the matter on 21.02.2024.

-Sd- -Sd-
(MANOJ KUMAR DUBEY) (K. BISWAL)
MEMBER (TECHNICAL) MEMBER (JUDICIAL)

Anishma
 PROOF OF SERVICE 37

Rachit Ranjan <advrachitranjan@gmail.com>

Advance Service of Condonation Application along with Additional documents filed in Writ
4799/2024 to be filed in Hon'ble Delhi High Court
1 message

Rachit Ranjan <advrachitranjan@gmail.com> 6 September 2024 at 10:34

To: Sameer.bhattacharya@twx.co.in, sapanc@gmail.com, harish.budakoti@hotmail.com, kimberlydesor@gmail.com,
neu_1109@yahoo.co.uk, Anand Sharma <sharmaanand26@gmail.com>, standingcounselgnctd@gmail.com, dyclcndl-mole@nic.in

Dear Sir,

Please find attached scanned copy of the Condonation Application along with Additional documents filed in Writ
4799/2024 to be filed in Hon'ble Delhi High Court on behalf of Mr. Ahsan Ahmad, Interim Resolution Professional of
the SDU Travel private Limited for your reference and doing needful.

Kindly treat this email as service of the aforesaid Application and documents.

Thanks & Regards

Rachit Ranjan
Advocate for Mr. Ahsan Ahmad
Resolution Professional
SDU Travels Private Limited (Under CIRP)
C-108, Sector-2, Noida-201301
9346380147

Condonation Application WP 4799-2024.pdf

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