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IN THE HIGH COURT AT CALCUTTA
SHAMPA SARKAR, AJAY KUMAR GUPTA
Jeel Kandla Service – Appellant
Versus
Union of India – Respondent
JUDGMENT :
Shampa Sarkar, J.
1. CAN 1 of 2026 is an application for stay of operation and/or implementation of the order dated February 27, 2026 passed in WPA No. 3755 of 2022. Instead of hearing the said application separately, we proposed to hear out the appeal.
2. CAN 2 of 2026 is an application by H.N.G Karmachari Union for leave to intervene in the appeal or be added as a party to the appeal.
3. CAN 3 of 2026 is an application by H.N.G Industries Thozilalar Nala Sangam, a registered trade union with similar prayers as in CAN 2 of 2026.
4. CAN 4 of 2026 is an application by H.N.G Mazdoor Union (INTUC) also for leave to intervene in the appeal or to be added as a party to the proceeding.
5. These three applications were filed on 16.03.2026 i.e. towards the conclusion of the proceedings before us.
6. The appeal arises out of a judgment and order dated February 27, 2026 passed by a learned Single Judge in WPA no. 3755 of 2026. By the order impugned, the learned Judge dismissed the writ petition, inter alia, holding that the order passed by the Regional Director, Eastern Region, Ministry of Corporate Affairs was not in violation of the second proviso to sub-rule (9) of Rule 30 of the Comp
(1) Insolvency Resolution Plan – Once resolution plan is approved by Adjudicating Authority, after it is satisfied, that resolution plan as approved by Committee of Creditors (CoC) meets requirements....
The Appellant's challenge to the Resolution Plan was dismissed due to lack of locus standi and Res-Judicata, affirming the necessity for compliance with statutory provisions in insolvency proceedings....
Resolution Professionals must ensure strict compliance with the Insolvency and Bankruptcy Code, as failure to do so justifies suspension of their registration.
The approved Resolution Plan under the Insolvency and Bankruptcy Code binds all creditors, extinguishing claims not included, ensuring no surprise liabilities arise post-approval.
The rejection of a Resolution Plan must comply with statutory requirements, and commercial wisdom of the Committee of Creditors is paramount, limiting the adjudicatory review.
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