# In the matter of Anuj Gaur & Ors. vs. Rabindra Kumar Mintri (RP) and Anr.

> NCLAT judgment dated 2025-05-30. Citation: TCN-2025-NCLAT-00360. The appeals were filed by a suspended director of Som Resorts Pvt. Ltd. challenging the order…

- **Court:** NCLAT
- **Order date:** 30 May 2025
- **Citation:** TCN-2025-NCLAT-00360
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/anuj-gaur-ors-vs-rabindra-kumar-mintri-8575f8e7

## Summary

### Background

The appeals were filed by a suspended director of Som Resorts Pvt. Ltd. challenging the order dated 03.12.2024 passed in I.A. No. 459/2024 and the order dated 03.12.2024 passed in I.A. No. 2552/2023, approving the resolution plan submitted by Respondent No. 2.

## Facts

Som Resorts Pvt. Ltd., the corporate debtor, is engaged in the development of a Real Estate Project in Vasundhara Ghaziabad.

The promoters carried out constructions in violation of the approved building plan, leading to the sealing of the Project by the UP Awas Evam Vikas Parishad.

26 homebuyers filed a Section 7 application against the corporate debtor, which was admitted on 02.08.2022, and Mr. Sumit Shukla was appointed as the IRP.

Mr. Sumit Shukla was replaced by Mr. Rabindra Kumar Mintri in the fourth CoC meeting on 20.11.2022.

A fresh invitation of Expression of Interest (EoI) was issued on 24.12.2022.

The resolution plan submitted by Casa Italia Social Welfare Association, representing the homebuyers, was approved by the 100% vote shares of the CoC.

…

## Issues and analysis

### Issue 1: Whether the appellant, being a suspended director, has the locus standi to challenge the approval …

**Ratio:** Ex-directors are also stakeholders and

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**Reasoning:** The Hon'ble Supreme Court has categorically held that ex-directors are also stakeholders,

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**Interpretation:** The phrase 'any person aggrieved' indicates that there is no rigid locus

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**Application:** The NCLAT rejected the objection of the respondent that appellant has no locus

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## Parties

- **Judges:** Ashok Bh…
- **Appellants:** Anuj…
- **Respondents:** Som Resorts Pvt.…; Rabindra Kumar…
- **Other parties:** Homebu…; Yadubir Singh…; +1 more
- **Advocates:** Abhijeet…; Arjun Ma…; +10 more

## Timeline

- **03.12.2024 — Order Da…**: Order passed by the Adjudicating Authority (National Company Law Tribunal, New Delhi…
- **02.08.2022 — Section 7 Application…**: Adjudicating authority admitted Section 7 application and appointed one Mr. Sumit Shukla…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 62 — Appeal to Supreme Court](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-62)

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