# Sanjeev Mahajan vs. Nimitaya Hotel & Resorts Ltd. & Ors

> NCLAT judgment dated 2026-09-22. Citation: TCN-2026-NCLAT-00299. Sanjeev Mahajan (Appellant), a suspended director of Corporate Debtor Nimitaya Hotel &…

- **Court:** NCLAT
- **Order date:** 22 Sept 2026
- **Citation:** TCN-2026-NCLAT-00299
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/sanjeev-mahajan-vs-nimitaya-hotel-resorts-ltd-ors-1ihel

## Summary

### Background

Sanjeev Mahajan (Appellant), a suspended director of Corporate Debtor Nimitaya Hotel & Resorts Ltd., appealed an NCLT order dated 14.08.2026. The NCLT had dismissed his application (IA No.3899 of 2026) seeking adjournment of proceedings, including a plan approval application (IA No.987 of 2023), until an application for replacement of Respondent No.2 (IA No.1222 of 2026) was decided. The Appellant alleged forgery and collusion against the Resolution Professional (RP), leading to IBBI suspending the RP's authorization. The NCLT dismissed the adjournment application, citing lack of locus standi and unsubstantiated grounds, imposing costs.

## Facts

Sanjeev Mahajan (Appellant) filed an appeal against an NCLT order dated 14.08.2026.

The NCLT order dismissed IA No.3899 of 2026, a short, time-bound adjournment application filed by the Appellant, with costs of Rs.1,00,000/-.

The NCLT proceeded to hear IA No.987 of 2023 without first deciding IA No.1222 of 2026, which was an application for the replacement of Respondent No.2.

The Appellant is a member of the Suspended Board of Directors of the Corporate Debtor, Nimitaya Hotel & Resorts Ltd.

Respondent No.3 is the sole member of the Committee of Creditors (CoC) with 100% voting share.

…

## Issues and analysis

### Issue 1: Whether the Ld. Adjudicating Authority was wrong in holding that the Appellant had no locus standi …

**Ratio:** A party seeking an adjournment must demonstrate a legitimate interest and a bonafide

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**Reasoning:** The NCLT found that the Appellant's application was moved by the Suspended Board seeking

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**Interpretation:** The principle of locus standi requires a party to have a sufficient connection

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**Application:** The NCLAT found no error in the Adjudicating Authority's conclusion regarding

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## Parties

- **Judges:** Yogesh K…; Barun M…
- **Appellants:** Sanjeev M…
- **Respondents:** Nimitya Hotel &…; Nimitaya Hotel &…
- **Other parties:** Responden…; Indian…; +1 more
- **Advocates:** Nakul M…; Manoranjan…; +20 more

## Timeline

- **2021-12 — Insolvency Ad…**: CD Nimitya Hotel & Resorts Ltd. admitted into…
- **2023 — Resolution Plan…**: Resolution Plan approved by CoC; Plan Approval Application (IA/987/2023) filed and…

## 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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