O R D E R

(Hybrid Mode) Per: Justice Rakesh Kumar Jain: (Oral)

10.12.2024: Clearwater Capital Partners Singapore Fund V Pvt. Ltd. (Financial Creditor) filed an application under Section 7 of the Insolvency and Bankruptcy Code, 2016 (in short ‘Code’) bearing CP (IB) No. 308/MB/2022 before the National Company Law Tribunal, Mumbai Bench (in short ‘Tribunal’) against Renaissance Urban Infra Pvt. Ltd. (Corporate Debtor) which was admitted on 02.05.2023. Divyesh Desai was appointed as Interim Resolution Professional (IRP) who was later on replaced by the CoC in the first meeting held on 01.06.2023 with Mr. Birendra Kumar Agarwal as RP of the CD which was confirmed by the Tribunal on 12.06.2023.

2. Shorn of unnecessary details, an application bearing I.A. No. 3177 of 2023 came to be filed by the Appellants (Mayur Retilal Suchak and Deepti Mayur Suchak, Promoter and Suspended Director of the CD) under Section 17(2) r/w Section 60(5) of the Code seeking a direction to Respondent (RP) to register the CD under MSME Development Act, 2006. The said application was heard and dismissed by the Tribunal on 02.08.2023 with the following order:-

“1. Mr. Pulkit Sharma a/w Mr. Aniruth Purusothaman, Ld