IN THE NATIONAL COMPANY LAW TRIBUNAL: NEW DELHI

SPECIAL BENCH (COURT – II)

Item No. 105

IB-2742/ND/2019

RA-166/2023

IN THE MATTER OF:

Kusum Dwivedi & Ors. … Applicant/Petitioner

Versus

M/s. Three C. Shelters Pvt. ltd. … Respondent

Under Section: 7 of IBC, 2016 Order delivered on 24.02.2025

CORAM:

SH. ASHOK KUMAR BHARDWAJ SH. ANIL RAJ CHELLAN HON’BLE MEMBER (J) HON’BLE MEMBER (T)

PRESENT:

For the Applicant : Adv. Nitesh Jain, Adv. Jai Sikand

For the IRP : Adv. Vijeta Singh

Hearing Through: VC and Physical (Hybrid) Mode

ORDER Corporate Debtor in IB-2742/2019 submitted that the order passed by Hon’ble NCLAT could be stayed by Hon’ble Supreme Court in terms of the order dated 19.11.2024 and subsequently Hon’ble Supreme Court could require this Tribunal to examine the plea regarding replacement of the IRP/RP appointed in the matter.

RA-166/2023: The prayer made in the application is for recalling the order dated

17.04.2023. The order reads thus:

“Learned Counsel for the Resolution Professional is present representing the Corporate Debtor-Three C Shelter Private Limited. Learned Counsel for the applicant has submitted that the applicant may approach the Resolution Professional and lodge his/her claim to enable the Resolution Professional to determine/collate his/her claim as per law. Applicant is directed to take note of the fact that this Tribunal has initiated CIRP proceedings in IB-2721/ND/2019 in the matter of M/s Straight Edge Contracts Private Limited Versus M/s Three C Shelters Private Limited. Therefore, the application filed under Section 7 of Insolvency & Bankruptcy Code, 2016 by the applicant has now become infructuous. Hence, this application

stands disposed of as infructuous.”

The serious contention raised in the application for recalling the order passed by this Tribunal admitting IB-2721/2019 could be set aside by the Hon’ble NCLAT in terms of the order dated 28.08.2023, thus the IB-2742/2019 need to be resorted and should be considered for admission. The Ld. Counsel for the

The order passed by Hon’ble Supreme Court to the effect reads thus:

“1. Delay condoned.

2. Shri Arvind Nayar, learned senior counsel appearing for the appellant submits that the grievance of the appellant is that the observations made by the National Company Law Tribunal (NCLT) in its order dated 29.03.2022 with regard to collusion are unsustainable and therefore, it filed an appeal before the National Company Law Appellate Tribunal (NCLAT) for expunging the said remarks.

3. The further grievance of the appellant is that the said appeal has been dismissed by NCLAT by way of the impugned order without giving an opportunity of hearing to the appellant.

4. We set aside the impugned order dismissing the appeal. The appeal of the appellant herein is restored to the file of NCLAT, which would be decided in accordance with law, after hearing the parties. The appeals will be confined to the prayer for expunging of remarks.

5. The appeals are, accordingly, disposed of.

6. Pending application(s), if any, shall stand disposed of.

CONMT.PET.(C) NO. 13-17/2024 IN C.A. NOS. 6792-6796/2023, CONMT.PET.(C) NOS. 586-590/2024 in C.A. NOS. 6792- 6796/2023 & CONMT.PET.(C) No ….@ DIARY NO(S). 23327/2024 1. The contempt petitions are disposed of with the liberty to the petitioner(s) to file appropriate application before the NCLT, which will be considered in accordance with law.

2. Pending application(s), if any, shall stand disposed of.”

Subsequent to the aforementioned order this Tribunal passed a detailed order on 17.12.2024. The relevant excerpt of the order reads thus:

“38. Taking holistic view in the matter we reject the application for replacement/removal of IRP, but appoint a Monitoring Committee comprising of Hon’ble Mr. Justice Sunil Gaur, former judge of Hon’ble Delhi High Court [Mob: 9971000718], Ms. Rashmi Chopra, Sr. Counsel [Mob: 9810311218; rashmichopra6897@gmail.com] and Mr. Anil Mittal, ex- C.V.O of Canara Bank [Mob: 9619773811;

mittalanil.ubi@gmail.com] to monitor the affairs of th