ORDER

IA (IBC)/53/2024 Orders pronounced, recorded vide separate sheets. In the result, this application is dismissed.

Sd/- Sd/-

MEMBER (T) MEMBER (J)

Apoorva IN THE NATIONAL COMPANY LAW TRIBUNAL In the matter of M/S. MANJEERA RETAIL HOLDINGS PRIVATE LIMITED Between Mr. G Yoganand Member of suspended Board of Directors of M/s. Manjeera Retail Holdings Private Limited, Plot No.18, Aswini Heights, Road No.70, Jubilee Hills, Hyderabad – 500 033.

…. Applicant Vs.

1. Mr. Birendra Kumar Aggarwal, Resolution Professional of M/s. Manjeera Retail Holdings Private Limited, #711, Manjeera Trinity Corporate, Beside Manjeera Mall, JNTU-Hitech City Road, Kukatpally, Hyderabad – 500 072.

2. The Committee of Creditors of M/s. Manjeera Retail Holdings Private Limited.

....Respondents Date of order : 20.02.2024 CORAM Sri Rajeev Bhardwaj, Hon’ble Member (Judicial)

Sri Sanjay Puri, Hon’ble Member (Technical)

Counsels present For the Applicant : Mr. Niranjan Reddy, Senior Advocate Mr. Y. Suryanarayana, Advocate For the Respondent 1 : Mr. M.S. Prasad, Senior Advocate Mr. Srikant Rath, Advocate For the Respondent 2 : Mr. Ramji Srinivasan, Senior Advocate Mr. Palash, Advocate Heard on : 07.02.2024 Per : Sanjay Puri, Member (Technical)

O R D E R

1. This application is filed by the Member of suspended Board of Directors of the Corporate Debtor (CD) M/s. Manjeera Retail Holdings Private Limited, seeking a) directions to the Respondent/Resolution Professional to take necessary steps to register the CD as an Udyam enterprise, i.e., an enterprise under the MSMED Act, 2006, and to obtain the Udyam Registration Certificate from the Udyam Registration portal;

b) directions to the Resolution Professional to consider the Expression of Interest (EoI) submitted by the Applicant and to include the name of the Applicant in the Final List of Prospective Resolution Applicants eligible to submit Resolution Plan for the CD, subject to the outcome of the present application;

c) to grant an ad-interim stay restraining the Resolution Professional from taking any further steps concerning the final list of Prospective Resolution Applicants pending the disposal of the instant Application;

d) to grant an order and/or direction upon the Resolution Professional to consider the EoI submitted by the Applicant and to include the name of the applicant in the final list of Prospective Resolution Applicants eligible to submit a Resolution Plan for the CD.

2. Filing of this application is prompted by the refusal of the Committee of Creditors (CoC) represented by the Respondent, to permit Agenda No. 3, which pertains to the Registration of the CD as a Micro Small Medium Enterprise (MSME). This denial is grounded in the assertion that a list of Prospective Resolution Applicants (PRAs) has been shared and finalized. According to the CoC registering the CD under MSME Act would be deemed a "Backdoor" entry for the suspended Promoters.

3. The CD was admitted into CIRP, [Corporate Insolvency Resolution Process] by this Tribunal vide Order dated

18.07.2023 against the application filed under Section 7 of the Code by the Financial Creditor (FC) M/s. Catalyst Trusteeship Limited, and appointed Mr. Vamsi Kambhammettu as an IRP, [Interim Resolution Professional] on 16.08.2023. Subsequently on 14.09.2023, this Tribunal granted approval for the appointment of Mr. Birendra Kumar Agrawal as the Resolution Professional (RP) for the CD.

4. The initial Expression of Interest (EoI) was published in Form G on

22.09.2023, with a deadline date as 22.10.2023 for submission of EoI along with the supporting documents.

5. The Applicant is a Suspended Director and Promoter of the CD, submitted its Expression of Interest (EoI) vide an email dated 20.10.2023, accompanied by relevant annexures, [Pg 31-53 of the Application] as per Form G. Further during the 2^nd meeting, [Pg 54-68 of the Application] of CoC held on 25.10.2023, RP shared the list of Prospective Resolution Applicants (PRAs) to the CoC members included the name of the App