I.A. (I.B.C) No. 423/KB/2022

In

C.P. (IB) No. 1062/KB/2019

Applications under Section 60(5) of the Insolvency and Bankruptcy

Code, 2016, read with Rule 11 of the National Company Law Tribunal

Rules, 2016.

IN THE MATTER OF:

Dipak Bhadra

...FINANCIAL CREDITOR

Versus

RCBS Realty Private Limited

...CORPORATE DEBTOR

IN THE MATTER OF:

Ratul Gupta

...APPLICANT.

Versus

Rajat Mukherjee, Resolution Professional & Ors.

…RESPONDENTS.

And

I.A. (I.B.C) No. 434/KB/2022

IN THE MATTER OF:

Ratul Gupta, Shaila Towers, Block B, 3^rd Floor, Flat No. 301, 759,

Hossainpur, Madurdaha, Kolkata-700107.

… APPLICANT

Versus

1. Rajat Mukherjee, Resolution Professional, having his office at 302, Daga Complex, II, 103/5, B.K. Street, Uttarpara, Hooghly, West Bengal –

712258.

I.A. (I.B.C) No. 423/KB/2022 In C.P. (IB) No. 1062/KB/2019

2. Committee of Creditors, of the Corporate Debtor, having its office at 111, Shyama Prasad Mukherjee Road, Kolkata – 700029.

3. Ravi Baghri, Authorised Representative of plot holders having its address at Octacrest Complex, Wing – A, Flat No. 1101, Lokhandwala Township, Kandivali (East) Mumbai – 400101.

... RESPONDENTS.

And I.A. (I.B.C) No.423/KB/2022 IN THE MATTER OF:

Kinkar Ghosh, son of Debiprasad Ghosh residing at 12/2/6/1 Umesh (Chandra) Banerjee Lane, Howrah, Khurut Road, Howrah – West Bengal 711101, representative of 200+ number of plot holders of the Corporate Debtor.

… PETITIONER Versus

1. Mr. Rajat Mukherjee, Resolution Professional of RCBS Realty Private Limited (In CIRP), residing at 302 Daga Complex II, 103/5 B.

K. Street, Uttarpara, Hooghly, West Bengal-712258 And

2. Mr. Ravi Bagri, the Authorized Representative of the plot holders of RCBS Realty Private Limited having its address at Octacrest Complex, Wing-A, Flat No. 1101, Lokhandwala Township, Kandivali (East)- 400101, Maharastra.

... RESPONDENTS Date of pronouncement of order: 30.04.2024 CORAM:

SMT. BIDISHA BANERJEE, HON’BLE MEMBER (JUDICIAL)

SHRI D. ARVIND, HON’BLE MEMBER (TECHNICAL)

I.A. (I.B.C) No. 423/KB/2022 In C.P. (IB) No. 1062/KB/2019 Appearances (via Video Conferencing/Physical):

Mr. Jishnu Ghoudhury, Adv. ] For the Petitioner in Mr. Aritra Basu, Adv. ] IA(I.B.C)/434(KB)2022 Mr. Niladri Khwaza, Adv. ]

Mr. Sunil Kumar Singhania, Adv. ] For the Operational Creditor Ms. Kalpana Singhania, Adv. ]

Mr. R. Bagchi, Adv. ] For the Resolutional Professional Mr. Dripto Sen, Adv. ] Mr. Rajat Mukherjee, RP ]

Mr. Rahul Auddy, Adv. ] For the Applicant in Mr. Aditya Gooptu, Adv. ] IA(I.B.C)/434(KB)2022 Ms. Manju Bhuteria, Adv. ] For the Applicant in Ms. Tanvi Luhariwala, Adv. ] I.A.(I.B.C)/406(KB)2022 Mr. Anirudhya Dutta, Adv. ]

Mr. Kuldip Mallik, Adv. ] For the Applicant in Mr. Shiven Ray, Adv. ] I.A.(I.B.C)/365(KB)2022 Mr. Atul Sureka, Adv. ]

Mr. Pramit Bag, Adv. ] For R-3, Mr. Ravi Bagri Mr. Sumit Biswas, Adv. ] Ms. Rajashree Bhowmick, Adv. ]

Ms. Tanushree Sogani, Adv. ] For Original Petitioner(Dipak Bhadra)

Mr. Sunil Kumar Singhania, Adv. ] For one of the Operational Creditor Ms. Kalpana Singhania, Adv. ]

O R D E R

Per: Bidisha Banerjee, Member (Judicial)

1. The Court congregated through a hybrid mode.

2. Ld. Counsels were heard and records were perused.

I.A. (I.B.C) No. 423/KB/2022 In C.P. (IB) No. 1062/KB/2019 I.A. (IBC) No. 434/KB/2022

3. This application has been preferred to seek the following reliefs:-

a. Resolution adopted by the members of the Committee of Creditors i the meeting convened on April 20, 2022, be set aside;

b. Injunction restraining the respondents from giving any effect or further effect or acting in terms if the resolution adopted by the Respondent No. 2 in the meeting convened on April 20, 2022 in any manner whatsoever;

c. An Order be passed forthwith for removal of the Respondent no.3 d. There should be an order of injunction restraining the Respondent No.3 from acting on behalf of the plot holders in any manner whatsoever.

e. Stay of the Corporate Insolvency Resolution Process of the Corporate Debtor, pending disposal of the present application;

f. Direction be given for reconstitution of the Re