# In the matter of Pulkit Gupta & Ors. vs. Keshav Khaneja, IRP Gensol Engineering Ltd. & Anr.

> NCLAT judgment dated 2025-11-03. Citation: TCN-2025-NCLAT-00553. The Appellant filed two appeals challenging the order dated 13.06.2025 passed in CP (IB)…

- **Court:** NCLAT
- **Order date:** 3 Nov 2025
- **Citation:** TCN-2025-NCLAT-00553
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/pulkit-gupta-ors-vs-keshav-khaneja-irp-gensol-engineering-ltd-anr-3feae3de

## Summary

### Background

The Appellant filed two appeals challenging the order dated 13.06.2025 passed in CP (IB) No.195/AHM/2025 and CP (IB) No. 199/AHM/2025 by the Adjudicating Authority.

## Facts

The Appellant filed two appeals challenging the order dated 13.06.2025.

The Adjudicating Authority admitted Section 7 application filed by the Financial Creditor.

The Adjudicating Authority did not appoint the Appellant as IRP.

The Appellant is aggrieved by the observations made against him.

The Appellant stated he is not interested to be appointed as IRP in the CIRP of the CD.

The appeals are disposed of without interfering with the order impugned.

## Issues and analysis

### Issue 1: Whether the Adjudicating Authority was …

**Ratio:** The Appellant stated he is not interested to

…

**Reasoning:** The Appellant himself stated that he does not intend to claim its right to be appointed

…

**Interpretation:** The court interpreted the Appellant's statement as a waiver of his right to be

…

**Application:** The court applied the principle of waiver and held that the Adjudicating

…

## Parties

- **Judges:** Ashok Bh…; Barun M…
- **Appellants:** Pulkit…
- **Respondents:** Keshav Kh…; IRP Gensol…; +1 more
- **Advocates:** Abhijeet…; Prateek K…; +2 more

## Timeline

- **2025-11-03 — Order Da…**: Order passed disposing of the appeals…
- **2025-06-13 — Order Chal…**: Order passed in CP (IB) No.195/AHM/2025 and CP (IB) No. 199/AHM/2025 by the Adjudicating…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 7 — Initiation of corporate insolvency resolution…](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-7)

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