# In the matter of Harjit Singh Ahluwalia & Ors. vs. Udayraj Patwardhan, RP, Adel Landmarks Ltd. & Anr.

> NCLAT judgment dated 2025-10-09. Citation: TCN-2025-NCLAT-00519. The appeal was filed against the order passed by the Adjudicating Authority in IA No.65 of…

- **Court:** NCLAT
- **Order date:** 9 Oct 2025
- **Citation:** TCN-2025-NCLAT-00519
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/harjit-singh-ahluwalia-ors-vs-udayraj-patwardhan-rp-adel-landmarks-ltd-anr-ac7e5eb7

## Summary

### Background

The appeal was filed against the order passed by the Adjudicating Authority in IA No.65 of 2025, which rejected the application filed by Harjit Singh Ahluwalia and 182 other homebuyers seeking rejection of the resolution plan.

## Facts

Harjit Singh Ahluwalia and 182 other homebuyers filed an application seeking rejection of the resolution plan.

The Adjudicating Authority rejected the application filed by the homebuyers.

The Resolution Plan was approved by 96.56% vote share of the creditors in class.

72 out of 183 homebuyers voted in favor of the resolution plan.

The Respondent's counsel raised a preliminary objection regarding the maintainability of the appeal.

The Appellant's counsel argued that the Adjudicating Authority has jurisdiction to intervene in the resolution plan.

The Appellant's counsel argued that there was suppression of facts by the Resolution Professional.

## Issues and analysis

### Issue 1: Whether the appeal is maintainable at the instance of the Appellants given the approval of the …

**Ratio:** The vote of the majority of creditors in a class has to be treated, and the minority has

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**Reasoning:** The court relied on the provisions of the I&B Code regarding the voting rights of

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**Interpretation:** The court interpreted the I&B Code to mean that the decision of the

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**Application:** The court applied this interpretation to the present case, holding that the

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## Parties

- **Judges:** Ashok Bh…; Arun Ba…
- **Appellants:** Harjit Singh…; Harjit Singh…
- **Respondents:** Adel Landmarks…; Udayraj Pat…
- **Other parties:** Jaypee Kensington…; Jaypee Kens…
- **Advocates:** Denson J…; Sanjay…; +5 more

## Timeline

- **2025-10-09 — Order…**: Appeal filed against order passed by the Adjudicating Authority in IA No.65 of 2025,…

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