# In the matter of Manoj Kumar & Ors. vs. Anurag Nirbhaya Resolution Professional Manju J Homes India Ltd. & Anr. Company Appeal (AT) (Insolvency) No. 620 of 2023

> NCLAT judgment dated 2023-05-25. Citation: TCN-2023-NCLAT-00490. This is a Company Appeal (AT) (Insolvency) No. 620 of 2023. The appeal was filed against an…

- **Court:** NCLAT
- **Order date:** 25 May 2023
- **Citation:** TCN-2023-NCLAT-00490
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/manoj-kumar-ors-vs-anurag-nirbhaya-resolution-professional-manju-j-homes-india-l-866b2d7c

## Summary

### Background

This is a Company Appeal (AT) (Insolvency) No. 620 of 2023. The appeal was filed against an order dated February 20, 2023, where I.A. No. 4170/ND/2022, filed by a set of home-buyers, was rejected. The home-buyers had sought the rejection of the Resolution Plan submitted by home-buyers-Financial Creditors. The Resolution Professional had filed an application for approving the Resolution Plan, which is pending consideration before the Adjudicating Authority.

## Facts

Manoj Kumar & Ors. filed an appeal against an order dated February 20, 2023, which rejected I.A. No. 4170/ND/2022. This application was filed by a subset of home-buyers seeking the rejection of a Resolution Plan. The Resolution Professional, Anurag Nirbhaya, had filed an application for approving the Resolution Plan, which was pending consideration before the Adjudicating Authority. The home-buyers, as a subset of the Financial Creditors, sought the rejection of the Resolution Plan. The court considered whether this subset of home-buyers had the right to claim rejection of the Resolution Plan. The relevance of these facts lies in determining the rights of a subset of financial creditors (home-buyers) in the resolution process under the I&B Code.

## Issues and analysis

### Issue 1: Whether one set of home-buyers, as a sub-set of the Financial Creditors, has the right to claim …

**Ratio:** The Adjudicating Authority has the power to consider the plan and approve or disapprove

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**Reasoning:** The court reasoned that it is the Adjudicating Authority's prerogative to consider the

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**Interpretation:** This clarifies that the decision-making power regarding the approval or

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**Application:** The court applied this principle to the specific facts, stating that the

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## Parties

- **Judges:** Ashok Bh…; Barun M…
- **Appellants:** Manoj Kumar…
- **Respondents:** Manju J Homes…; Anurag Ni…
- **Advocates:** Mrinal Harshwardha…; Yougendra…; +3 more

## Timeline

- **2023-02-20 — Order Da…**: Order dated 20th February, 2023, was…
- **2023-05-25 — Hearing…**: Heard Learned Counsel…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 30(2) — Submission of resolution plan](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-30)

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