MUMBAI BENCH, COURT-V

IN

Under Section 60(5) of the Insolvency &

Bankruptcy Code, 2016

Vistra ITCL (India) Limited

…APPLICANT

vs.

Mr. Vithal Madhukar Dahake,

Resolution Professional of Radius Estate

Projects Private Limited

…RESPONDENT

IN THE MATTER OF:

SBICAP Trustee Company Limited

…FINANCIAL CREDITOR/

PETITIONER

vs.

Radius Estate Projects Private Limited

…CORPORATE DEBTOR/ORIG.

RESPONDENT

Order Dated: 07.05.2024

Coram:

Hon’ble Ms. Reeta Kohli, Member (Judicial)

Hon’ble Sh. Sanjiv Dutt, Member (Technical)

Appearance:

For the Applicant: Sr. Adv. Zal Andhyarujina a/w Adv. Aditya

Shiralkar, Adv. Nanki Grewal, Adv. Raveena Modi

& Adv. Yesha Badani i/b Wadia Ghandy & Co.

For the Respondent: Adv. Vidity Divya Kamat

1. The above application bearing I.A. No.2680 of 2023 has been filed by Vistra ITCL (India) Limited (hereinafter referred to as the “Applicant”) on 05.05.2023 seeking direction against Mr. Vithal Madhukar Dahake, Resolution Professional of Radius Estate Projects Private Limited (hereinafter referred to as the “Respondent”) under Section 60(5) of the Insolvency & Bankruptcy Code, 2016 (hereinafter called as “IBC”) praying for following reliefs:-

“It is, therefore, prayed that this Hon’ble Tribunal be ple