# Anil Kumar Aggarwal vs. Ductrus Resolution Professional Pvt. Ltd. & Ors.

> NCLT judgment dated 2026-08-05. Citation: TCN-2026-NCLT-00897. Mr. Anil Kumar Aggarwal (Applicant), a Resolution Applicant in the Corporate Insolvency…

- **Court:** NCLT
- **Order date:** 5 Aug 2026
- **Citation:** TCN-2026-NCLT-00897
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-new-delhi/anil-kumar-aggarwal-vs-ductrus-resolution-professional-pvt-ltd-ors-4hjzi

## Summary

### Background

Mr. Anil Kumar Aggarwal (Applicant), a Resolution Applicant in the Corporate Insolvency Resolution Process (CIRP) of Santur Infrastructures Pvt. Ltd., filed an application (I.A. No. 687 of 2026) before the National Company Law Tribunal. The Applicant sought directions against the Committee of Creditors (CoC) for allegedly failing to consider and place 'Option C' of his Modified Resolution Plan for e-voting. He also prayed for setting aside the approval granted by the CoC to the resolution plan of the Successful Resolution Applicant (SRA). The CoC, after deliberation, had decided not to consider Option C, citing that it was introduced for the first time in the Modified Resolution Plan, contrary to prior directions for uniformity.

## Facts

I.A. No. 687 of 2026 was filed by Mr. Anil Kumar Aggarwal (Applicant) through SPV Goldkey Primeland LLP in the Corporate Insolvency Resolution Process (CIRP) of Santur Infrastructures Pvt. Ltd.

The Applicant is one of the Resolution Applicants in the CIRP.

The application seeks directions regarding the Committee of Creditors' (CoC) alleged failure to consider and place 'Option C' of the Applicant's Modified Resolution Plan for e-voting and to set aside the approval of the Successful Resolution Applicant's plan.

The Adjudicating Authority admitted Company Petition (IB) No. 752 of 2023, filed by IDBI Trusteeship Services Ltd. (Financial Creditor), on 08.04.2025, initiating CIRP against Santur Infrastructures Pvt. Ltd. (Corporate Debtor).

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## Issues and analysis

### Issue 1: Whether the Power of Attorney relied upon by the Applicant authorizes the institution of …

**Ratio:** A Power of Attorney authorizing an attorney to perform "all such acts, deeds and

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**Reasoning:** The grievance raised in the present Application is directly connected with and incidental

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**Interpretation:** The phrase "incidental to" is interpreted broadly to include legal

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**Application:** The objection regarding the want of authorization for filing the application is

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## Parties

- **Judges:** ANUPINDER SINGH…; RAVINDRA CHATURVED…
- **Appellants:** Anil Kumar…
- **Respondents:** Santur Infrastruct…; Ductrus Resolution…; +3 more
- **Other parties:** CoC…; IDBI Trusteeship…
- **Advocates:** Bani D…; Shivangi Khandelwa…; +9 more

## Timeline

- **2025-04-08 — CIRP Admi…**: Company Petition (IB) No. 752 of 2023 filed by IDBI Trusteeship Services Ltd. was…
- **2025-04-11 — Public Annou…**: Public Announcement made, inviting…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 60(5) — Adjudicating Authority for corporate persons](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-60)

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