# In the matter of Ashwani Kumar Sharma Vs. Anil Tayal Resolution Professional of AVJ Developers (India) Pvt. Ltd. Company Appeal (AT) (Insolvency) No. 446 & 451 of 2022

> NCLAT judgment dated 2022-04-27. Citation: TCN-2022-NCLAT-00516. This case involves two appeals, Company Appeal (AT) (Insolvency) No. 446 of 2022 filed by…

- **Court:** NCLAT
- **Order date:** 27 Apr 2022
- **Citation:** TCN-2022-NCLAT-00516
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/ashwani-kumar-sharma-vs-anil-tayal-resolution-professional-of-avj-developers-85c3ad9e

## Summary

### Background

This case involves two appeals, Company Appeal (AT) (Insolvency) No. 446 of 2022 filed by Sandeep Kumar Jain and Company Appeal (AT) (Insolvency) No. 451 of 2022 filed by Ashwani Kumar Sharma, against an order passed by the Adjudicating Authority (National Company Law Tribunal, New Delhi, Special Bench) dated 28.02.2022. The appeals concern the rejection of intervention applications filed by the Appellants, who are homebuyers, in a matter where the class of homebuyers is already represented.

## Facts

Sandeep Kumar Jain and Ashwani Kumar Sharma, both homebuyers, filed intervention applications in a matter before the Adjudicating Authority (National Company Law Tribunal, New Delhi, Special Bench). The Adjudicating Authority rejected these applications, observing that the class of homebuyers was already represented in the matter. Jain and Sharma then filed appeals against the Adjudicating Authority's order. The Appellants argued that the authorized representation of the homebuyers was not providing relevant facts and information, necessitating their intervention. The court noted that the Appellants, as homebuyers, are bound by the decisions of the class of homebuyers and can approach the Resolution Professional and Adjudicating Authority if needed. The court dismissed

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## Issues and analysis

### Issue 1: Whether the Adjudicating Authority erred in rejecting the intervention applications filed by the …

**Ratio:** An Adjudicating Authority has the discretion to reject intervention applications when the

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**Reasoning:** The court reasoned that the Adjudicating Authority did not commit any error in rejecting

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**Interpretation:** This legal issue concerns the right of individual members of a class to

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**Application:** In this case, the court applied the ratio to the facts by determining that the

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## Parties

- **Judges:** Ashok Bh…; Shreesha…
- **Appellants:** Sandeep Kum…
- **Respondents:** AVJ Developers…; Anil Tayal…

## Timeline

- **2022-02-28 — Order by Adjudicating…**: The Adjudicating Authority (National Company Law Tribunal, New Delhi, Special Bench)…
- **2022-04-27 — Hearing…**: The court heard the Learned Counsel for the Appellant and Sri Abhishek Anand, Learned…

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