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2026 Supreme(Online)(NCLT) 656

NATIONAL COMPANY LAW TRIBUNAL
Aurashine Essentials Private Limited – Appellant
Versus
Birendra Kumar Agarwal – Respondent
IA(I.B.C) - 2703/2025



Advocates:
For the Petitioner:ANIRUTH PURUSOTHAMAN G

IN CP(IB) No. 93 of 2022 Under Section 60(5) of the Insolvency and Bankruptcy Code, 2016 read with Rule 11 of the NCLT Rules, 2016 In the Application of Aurashine Essentials Pvt. Ltd.

…Applicant Versus Birendra Kumar Agarwal …Respondent/Liquidator In the matter of Archisha Steels Private Limited …Financial Creditor Versus AJS Impex Private Limited …Corporate Debtor Order Delivered On : 06.02.2026 Coram Sh.Prabhat Kumar Sh.Sushil Mahadeorao Kochey Member (Technical) Member (Judicial)

Appearances:

For the Applicant : Adv. Aniruth Purushothaman G For the BMC : None Brief facts:

1. The present Application is filed on 23.05.2025 under Section 60(5) of the Insolvency and Bankruptcy Code, 2016 ("the Code/IBC") read with Rule 11 of the NCLT Rules, 2016, by Aurashine Essentials Pvt. Ltd. (“Applicant/Financial Creditor”) against Mr. Birendra Kumar Agarwal (“Respondent/Liquidator”) who was appointed as Liquidator for AJS Impex Private Limited (“Corporate Debtor”) vide order dated

30.04.2024, of this Tribunal seeking the following reliefs:

A. A direction be issued that, on account of payment of the consideration and execution of the Sale Deed by the Applicant for the Premises i.e., Unit No. 211 and 211T, 2nd Floor, Hubtown Solaris, Village Gundavali Popoularly Known as 'Saiwadi', Andheri (E), Mumbai 400053, the Applicant gets all right, title and interest in the whole and every part of the Premises, including but not limited to contract, free from all security interest, Encumbrances, Claims, counter claims or any demur and the consideration shall be distributed by the Liquidator in terms of Section 53 of the Code;

B. To issue a direction that, on account of payment of the consideration and execution of the Sale Deed by the Applicant for the Premises i.e., Unit No. 211 and 211T, 2nd Floor, Hubtown Solaris, Village Gundavali Popoularly Known as 'Saiwadi', Andheri (E), Mumbai 400053, all the Claims (of any nature whether financial or pecuniary, known, unknown, defined or undefined, actual or contingent, present or future, disputed or reduced to judgement, admitted by the Liquidator or otherwise, pertaining to the period prior to the execution of the Sale Deed for the Premises, of any/or all Creditors of the Corporate Debtor (whether any private party or any Governmental Authority) along with any hidden financial liabilities of the Corporate Debtor, shall be deemed to be written off in full and permanently extinguished, without any adjustment of set-off and without any obligation of payment on the Corporate Debtor or the Applicant;

C. Be pleased to issue a direction to the Brihanmumbai Municipal Corporation to issue a distinct property tax number to the Premises i.e., Unit No. 211 and 211 T, 2nd Floor, Hubtown Solaris, Village Gundavali Popoularly Known as 'Saiwadi', Andheri (E), Mumbai 400053;

D. Be pleased to issue a direction that, on account of payment of the consideration and execution of the Sale Deed by the Applicant for the Premises viz. Unit No. 211 and 211T, 2nd Floor, Hubtown Solaris, Village Gundavali Popularly Known as 'Saiwadi', Andheri (E), Mumbai 400053, the Premises shall vest with the Applicant free of any Encumbrances and the Applicant be the true, legal and beneficial owner of the Premises and the Applicant shall have peaceful and quiet enjoyment of the aforesaid Premises free from any hindrance, including under any Litigation, regarding the dues specified in Table A hereinbelow:

E. Pass such order/directions as this Hon’ble Tribunal may deem fit and proper in the facts and circumstances of the case.

2. The Applicant is a private company limited by shares bearing CIN U24290MH2022PTC389409 incorporated under the Companies Act, 2013 on 26/08/2022 and having its registered address at Solaris One, Building No. 1, 2nd Floor, Office No. 212, N S Phadke Marg, Andheri (East), Mumbai, Maharashtra, India - 400069.

3. The Corporate Debtor was admitted into CIRP by order dated

15.07.2022 in CP (IB) 93/MB/2022 and, upon failure of resolution, liqu

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