ORDER

Per Bidisha Banerjee, Member (Judicial): 1. Ld. Sr. Counsels/Counsels were heard. 2. This application has been filed by Shristi Infrastructure Development Corporation Limited (SIDCL), seeking the following reliefs:- a) Exclusion from the CIRP of the Corporate Debtor the ‘Subject Property’, being divided and demarcated portion of land admeasuring 3.5 acres out of the total land admeasuring 8 acres being Premises No.CBE/2 in Street No.MAR situated within Mouza Jatragaachi in New Town within Police Station Rajarhat in the District 24 Parganas (North) comprising of Westin Hotel (‘Subject Property”) from the CIRP of the CD;

b) Set aside the invitation of expression of interest dated 28th April, 2022 issued by the RP for alleged deliberate concealment of facts;

c) Direct the RP to consider the Claim of SIDCL for INR 909 Crores as a ‘qualified claim’.

3. Brief Background: 3.1 Sarga Hotel Private Limited (“CD”) owns a five-star hotel under the name of The Westin Kolkata Rajarhat at New Town, Kolkata (“Westin Hotel”) which it claims as its sole asset and business. The applicant, SIDCL here, is the promoter/shareholder of the Corporate Debtor viz Sarga Hotel Private Limited (