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Judgment
22.01.2026: This appeal has been filed against order dated 13.01.2026, which order reads as follows:
“ORDER
IA-158/ND/2026 in IB-2721/ND/2019: The matter is taken up on urgent mentioning.
Issue notice to Resolution Professional returnable on 21.01.2026. The Applicant undertakes to serve notice upon the Resolution Professional through all modes viz. registered post, speed post, courier service and E-mail, Affidavit of service be filed within one week. Reply, if any, may be filed by the Resolution Professional within one week from the date of receipt of the notice. Rejoinder, if any, may be filed before the next date of hearing. List the matter on 21.01.2026.
In the meantime, the Resolution Professional is directed not to convene the meeting of CoC. Further, if any such meeting has been ordered to be convened, he will hold back regarding further process in respect of the meeting including the voting process. Let the Resolution Professional remain present physically on 21.01.2006. Let the notice be served upon Resolution Professional as dasti by the Applicant in the IA.”
In the Appeal, the Appellants case is that I.A. was filed by Greenopolis Welfare Association being I.A. No.158/ND/2026 praying for various reliefs in which only IRP was made one of the Respondent. On the said application, on urgent mentioning, the Adjudicating Authority passed the impugned order ex-parte. The grievance of the Appellant is that there are several orders passed by the Hon’ble Supreme Court and Delhi High Court which have not been placed before the Court at the time of passing of order and the order is ex-parte to the interest of various stakeholders in the CIRP and could have not been passed without giving opportunity of hearing.
Learned counsel for the IRP submits that he was not present when the order was passed and the order is ex-parte and further he ought to have been given opportunity to address before staying the further process.
Learned counsel for the Appellant submits that the said direction to stay the CoC process is in teeth of the orders of the Hon’ble Supreme Court.
Learned counsel appearing for the Applicant submits that the orders have no effect on the direction issued.
Be that as it may. The Adjudicating Authority has posted the matter on 21.01.2026. Now, we have been informed that the matter is listed today instead of 21.01.2026. In facts of the matter, we are of the view that the order passed by the Adjudicating Authority dated 13.01.2026 be not given effect to and further steps shall be taken in accordance of the order passed by the Adjudicating Authority in the pending application. Appeal is disposed of accordingly.