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Judgment
(Hybrid Mode)
Heard Ld. Counsel for Appellant.
This Appeal has been filed against the order dated 22/05/2026 passed in I.A.(IBC)/56(CH)/2026. By the impugned order, Application filed by the Appellant is rejected.
In the Corporate Insolvency Resolution Process of the Corporate Debtor, the Sarv Awas Housing Bhiwadi Private Limited, the Resolution Plan was approved by the Committee of Creditors on 24/11/2024.
The Appellant filed the Application claiming an agreement as prospective buyer agreement dated 07/11/2025 from an existing homebuyer on the basis of which the Application was filed praying for following reliefs :
PRAYER
“It is therefore, humbly prayed, for the reasons as aforementioned this Hon'ble Tribunal may be pleased to: a. Allow the present application; and b. Direct the Resolution Professional to substitute/amend the name of Mr. Manoj Kumar Tripathi with the name of the Applicant, Mr. Anuj Goyal;
c. Direct the Resolution Professional to classify and include the Applicant, Mr. Anuj Goyal, in the list of homebuyers/financial creditors of the Corporate Debtor and grant the Applicant his proportionate voting share in the Committee of Creditors in accordance with the admitted financial debt; d. Pass such other or further order/order(s) as it may deem fit and proper in the facts and circumstances of the instant application.”
Ld. Counsel for Resolution Professional submits that Plan Approval Application has already been heard and reserved for Orders. Appellant, in the Application at best has claimed as a prospective buyer agreement with an existing homebuyer dated 07/11/2025.
Whatever order is passed by Adjudicating Authority on the Resolution Plan, definitely shall be binding on the homebuyer from whom the Applicant is claiming to be, obtain a prospective buyer agreement.
We thus are of the view that at this stage there was no occasion to permit the Applicant to intervene in the matter. After the Plan approval order is passed, it is always open for the Applicant to approach the SRA.
With these observations we dismiss the Appeal.