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2025 Supreme(Online)(NCLT) 3778

NATIONAL COMPANY LAW TRIBUNAL
Sh. Praveen Gupta, Member (Judicial), Sh. Ashish Verma, Member (Technical)
Sunil Kumar Sharma – Appellant
Versus
Mr. Bhuvan Madan – Respondent


Advocates:
For the Appellants/Petitioners: Sh. Abhinav Vasisht, Sr. Adv., Ms. Gunjan Jadwani, Adv.
For the Respondents: Sh. Sandeep Arora, Sh. Madhav Kanoria, Ms. Neha Shivhare, Ms. Ayushee Singh, Advs.

ORDER

1. This Application has been filed on 09.04.2025 by the Applicant, Sri Sunil Sharma, being one of the Suspended Board of Directors and Personal Guarantor of Jaiprakash Associates Ltd (hereinafter referred to as the “Corporate Debtor/JAL”) under Section 60 (5) of Insolvency and Bankruptcy Code, 2016 (hereinafter referred to as “Code/IBC”) read with Rule 11 of the National Company Law Tribunal Rules, 2016 (hereinafter referred to as “NCLT Rules”). The following prayers have been made in the application:

“In view of the facts and circumstances and the submissions made in the present application, the Applicant most humbly prays that this Hon’ble Adjudicating Authority may be pleased to grant the following relief(s):

I. Allow the present Application.

II. Kindly quash and set aside the minutes of the 10 & 11 CoC meetings held on 18.03.2025 and 25.03.2025, in view of the violation of Regulation 28 of the CIRP Regulations and the failure of the Resolution Professional to adhere to the statutory framework governing the resolution process;

III. Kindly quash and set aside the Agenda Item No. 3 and consequential resolution passed by the Committee of Creditors with 88.96 % voting share in the

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