# Manoj Kumar Goyal & Anr. vs. Dinesh Khetan & Ors.

> NCLT judgment dated 2026-07-08. Citation: TCN-2026-NCLT-00778. Manoj Kumar Goyal & Anr., erstwhile directors of M/s. Bigmoon Buildcon Private Limited, filed…

- **Court:** NCLT
- **Order date:** 8 Jul 2026
- **Citation:** TCN-2026-NCLT-00778
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-new-delhi/manoj-kumar-goyal-anr-vs-dinesh-khetan-ors-0jb51

## Summary

### Background

Manoj Kumar Goyal & Anr., erstwhile directors of M/s. Bigmoon Buildcon Private Limited, filed an application (IA No. 1258 of 2025) seeking to recall a Plan Order dated 04.01.2021. This order had confirmed a Resolution Plan for the Corporate Debtor, M/s. Bigmoon Buildcon Private Limited, which was approved by the Committee of Creditors (CoC) with a 100% voting share. The Corporate Insolvency Resolution Process (CIRP) was initiated on 03.09.2019 based on an application by Mr. Dinesh Khetan, identified as a Financial Creditor. The applicants alleged that the CIRP and the Resolution Plan were vitiated by fraud, misrepresentation, and collusion involving the Financial Creditor, CoC members, the erstwhile Resolution Professional, and the Successful Resolution Applicant

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## Facts

IA No. 1258 of 2025 was filed by Mr. Manoj Kumar Goyal and Mrs. Kavita Goyal, erstwhile members of the Suspended Board of Directors of M/s. Bigmoon Buildcon Private Limited.

The application sought to recall the Plan Order dated 04.01.2021, passed by the Adjudicating Authority in C.P.(IB) No. 572(PB)/2019.

The Plan Order confirmed a Resolution Plan submitted by a consortium (M/s. SBC Exports Limited and M/s. JM Propinfra Pvt. Ltd.) and approved by the Committee of Creditors (CoC) with 100% voting share.

The Corporate Insolvency Resolution Process (CIRP) against M/s. Bigmoon Buildcon Private Limited was initiated on 03.09.2019, based on an application by Mr. Dinesh Khetan (Financial Creditor) under Section 7 of the IBC.

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## Issues and analysis

### Issue 1: Whether the Plan Order dated 04.01.2021, confirming the Resolution Plan, should be recalled on …

**Ratio:** The inherent power of recall under Rule 11 of the NCLT Rules, 2016 is limited to

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**Reasoning:** The Tribunal does not possess express review power. The power of recall is extraordinary

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**Interpretation:** Rule 11 of NCLT Rules, 2016 preserves inherent power to recall, but it is

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**Application:** The Applicants' allegations of fraud do not pertain to a fundamental procedural

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## Parties

- **Judges:** ANUPINDER SINGH…; RAVINDRA CHATURVED…
- **Appellants:** Manoj Kumar…; Kavita…
- **Respondents:** M/s. Bigmoon…; Dinesh K…; +2 more
- **Other parties:** M/s. Endless…; M/s. Capital…; +4 more
- **Advocates:** Rishi K…; Shashank A…; +4 more

## Timeline

- **2019-09-03 — CIRP Init…**: Corporate Insolvency Resolution Process (CIRP) against M/s. Bigmoon Buildcon Private…
- **2020-10-20 — Resolution Plan…**: The Committee of Creditors (CoC), in its 11th meeting, approved the Resolution Plan with…

## 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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