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Judgment
ORDER
This present application is filed on 05.01.2026, by Yamuna Expressway Industrial Development Authority (hereinafter referred to as Applicant) under 60(5) of the Insolvency and Bankruptcy Code, 2016 (“Code/IBC”) read with Rule 11 of the NCLT Rules, 2016 against the Resolution Professional of M/s JaiPrakash Associates Limited, i.e., Corporate Debtor for seeking permission to intervene in the resolution plan I.A. NO. 11 / PLAN / 2025. The Applicant inter alia seeks the following prayers:
“(i)The Applicant be permitted to intervene in the present proceedings;
(ii)The Resolution Professional be directed to provide a copy of the Resolution Plan / Plan Approval Application to the Applicant; (iii) The Applicant be permitted to file objections against the treatment of all of its claims raised against the Corporate Debtor; and
(iv)Any such further orders may be passed that this Hon'ble Tribunal deems necessary and appropriate in the interest of justice.
Upon perusal of the record, it is observed that the issues sought to be raised by the Applicant in the present application have already been considered at length in I.A. No. 03 of 2026 and I.A. No. 114 of 2026 filed by the Applicant. In the said applications, this Tribunal, by way of a separate order dated 17.03.2026, has recorded that the issues raised therein are presently sub judice before the Hon’ble Supreme Court. In view of the same, the relief of intervention sought in the present application at this stage does not survive for consideration.
Further, it is also a settled position of law that the Resolution Plan constitutes a confidential document during the pendency of its consideration under Section 31 of the Code, and access thereto is regulated within the statutory framework governing the CIRP. Thus, in reliance on Association of Aggrieved Workmen of Airways (India) Limited v. Jet Airways (India) Ltd. & Ors., [2022 SCC OnLine NCLAT 36], we are of the view that the Applicant, being a third party, cannot claim an independent or enforceable right to access the Resolution Plan, as it is neither a member nor a participant in the CoC meetings within the provisions of the Code.
In view of the foregoing discussion and the settled legal position, we are of the considered opinion that the reliefs sought in the present application cannot be granted at this stage, as I.A. No. 114 of 2026 and I.A. No. 03 of 2026 also stands disposed of.
Accordingly, Inv. Pet. No. 1 of 2026 stands disposed of in the aforesaid terms.