Case Note & Summary
The appeal was filed by Samyak Projects Pvt. Ltd. against an order dated 17/11/2025 from the Adjudicating Authority concerning I.A. 28/ND/2024. The Adjudicating Authority had ordered that the plan submitted by the SRA be revised to include claims from homebuyers, which would be verified by the Resolution Professional. The appellant, claiming to be the landowner of the project site, contested this order, arguing that it failed to consider the plans of other PRAs. Upon reviewing the case, the Tribunal noted that the Adjudicating Authority's order was focused solely on the inclusion of homebuyer claims and did not warrant interference. The Tribunal emphasized that the approval of the Plan was a separate issue to be addressed in due course. Consequently, the Tribunal dismissed the appeal, affirming the Adjudicating Authority's decision.
Headnote
A) Company Law - Appellate Jurisdiction - Interference with Adjudicating Authority's Order - Companies Act, 2013 - Tribunal found no error in the Adjudicating Authority's decision to send the Plan back for adding claims of homebuyers, which could be verified by the Resolution Professional. The Tribunal held that the matter of approving the Plan would be considered later, and thus dismissed the Appeal. (Paras 6-7)
Issue of Consideration
Whether the order of the Adjudicating Authority sending the Plan back for revision warranted interference by the Tribunal.
Final Decision
The Tribunal dismissed the appeal, affirming the Adjudicating Authority's order to send the plan back for revision to include homebuyer claims.
Law Points
- Appellate jurisdiction
- Adjudicating Authority orders
- Resolution Professional verification
- Claims of homebuyers
Case Details
2026 LawText (NCLAT) (05) 44
Comp. App. (AT) (Ins) No. 04 of 2026 & I.A. No. 11 of 2026
Justice Ashok Bhushan, Indevar Pandey
Mr. Vivek Kohli, Sr. Adv., Vaishnavi Prakash, Vasudha Chadha, Mr. Sandeep Bhuraria, Mr. Kunal Godhwani, Ms. Kinjal Chadha, Mr. Abhishek Anand
Samyak Projects Pvt. Ltd.
Jalesh Kumar Grover & Ors.
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Nature of Litigation
Appeal against an order of the Adjudicating Authority regarding a revised plan submission.
Remedy Sought
The appellant sought to challenge the order of the Adjudicating Authority.
Filing Reason
The appellant was aggrieved by the order that sent the plan back for revision.
Previous Decisions
The Adjudicating Authority had ordered the revision of the plan to include homebuyer claims.
Issues
Whether the Tribunal should interfere with the Adjudicating Authority's order regarding the revised plan.
Submissions/Arguments
The appellant argued that the order did not consider the plans of other PRAs.
The respondents contended that the order was appropriate for including verifiable claims of homebuyers.
Ratio Decidendi
The Tribunal held that the Adjudicating Authority's order to revise the plan was justified and did not warrant interference, emphasizing that the approval of the plan would be considered at a later stage.
Judgment Excerpts
The Plan has been sent back only for adding the claims as noted in the order without considering the Plans of the other PRAs.
We are of the view that the order of the Adjudicating Authority sending the Plan for SRA to submit a revised Plan cannot be said to have committed any error.
Procedural History
The appeal was filed against the order of the Adjudicating Authority dated 17/11/2025, which disposed of I.A. 28/ND/2024.
Acts & Sections
