IN THE NATIONAL COMPANY LAW TRIBUNAL, MUMBAI BENCH COURT-III I.A. No. 4604 of 2025 In I.A. No. 4174 of 2025 In I.A. 3068 of 2024 In I.A. 1719 of 2021 In CP (IB)/775/MB/2019 Under Section 379 of the Bharatiya Nagarik Suraksha Sanhita, 2023 read with Section 255 of the Insolvency and bankruptcy Code, 2016 read with Sections 424 (4) and 425 of the Companies Act, 2013 Dhananjay Krishnanath Gaikwad Residential address:

Plot No. 56, Avdhoot Nagar, Near Avdhoot Hospital, Baramati — 413 102 ... Applicant Vs.

Gaurav Ashok Adukia Resolution Professional of Tuljabhavani Cold Storage Pvt. Ltd.

Having office at:

Anand Bhavan, Jamnadas Adukia Road, Kandivali West, Mumbai City — 400 067 ... Respondent In the matter of IA/4174/2025 Under section 60(5) of the Insolvency and Bankruptcy Code, 2016 read with Rule 11 of NCLT Rules Dhananjay Krishnanath Gaikwad ... Applicant Vs.

Gaurav Ashok Adukia & Ors ... Respondents In the matter of IA/3068/2024 Under section 60(5) of the Insolvency and Bankruptcy Code, 2016 and sections 424 and 425 of the Companies Act, 2013 read with Rule

11 of NCLT Rules Dhananjay Krishnanath Gaikwad ... Applicant Vs.

Gaurav Ashok Adukia & Ors ... Respondents In the matter of IA/1719/2021 Under sections 30(6) and 31 of the Insolvency and bankruptcy Code, 2016 Gaurav Ashok Adukia Resolution Professional of Tuljabhavani Cold Storage Pvt. Ltd.

... Applicant In the matter of CP(IB)/775/MB/2019 Under section 7 of the Insolvency and bankruptcy Code, 2016 ICICI Bank Ltd.

... Financial Creditor Vs.

Tuljabhavani Cold Storage (P) Ltd.

... Corporate Debtor Order pronounced on: 13.02.2026 Coram:

Ms. Lakshmi Gurung, Member (Judicial)

Sh. Hariharan Neelakanta Iyer, Member (Technical)

Appearances:

For the Applicant : Adv. Partho Sarkar a/w Adv. Khirbha S. G., Adv.

Nikesh U. i/b Vidhi Legal Per: Coram

1. The instant application has been filed by Mr. Dhananjay Gaikwad (Applicant), one of the ex-directors of M/s Tuljabhavani Cold Storage Private Limited (Corporate Debtor) under section 379 of the Bharatiya Nagarik Suraksha Sanhita, 2023 [in short “BNSS”] alleging that the averments made by the RP in his reply affidavit dated 24.09.2025 to IA/4174/2025 are perjurious in nature. The prayers sought in the application are extracted below:

A. To direct the registry to issue notice to the captioned respondent, framing therein the charges, which the answering respondent is required to meet in exercise of the adjudicatory authority’s powers U/s 425 of the Companies Act.

B. To hold that through falsities/misleads/dishonesty the alleged perjurer tended to deflect the course of justice in due adjudication of IA 4174/2025, hence it is expedient in the interest of justice to record a finding as per Sec 379 (1) (a) of BNSS r/w Sec 424 (4) of the Companies Act, that –

i. The alleged perjurer made dishonest/false and misleading statements in his submission before this Tribunal with dishonest suppression and twisting and concealment of material facts to serve his ulterior purpose in covering his tracks of crime ii. The alleged perjurer, evasively, dishonestly, frivolously, and blandly denied the issues/reasoned findings and the binding precedents, hence prima-facie are liable for being pursued under perjury/contempt proceedings and that such an act itself is also an offence under section Sec 246 OF BNS [209 of IPC] against the alleged perjurer; as per the law laid down in H.S. Bedi Vs. National Highway Authority of India 2016 SCC OnLine Del 432;

iii. The act of the captioned respondent in filing false submissions in the court is also an offence under criminal contempt and in view of the authoritative law laid down by Hon’ble Supreme Court in ABCD V/s Union of India, (2020) 2 SCC 52 AND Perry Kansagra, In re, 2022 SCC OnLine SC 858, the court is duty bound to initiate action of perjury & sec 2(c) of the contempt of courts act, 1971 C. To hold that the respondent/alleged perjurer is liable to be pursued U/s 379 of BNSS [Earlier Sec 340 of Cr PC] in respect of offences – UNDER SEC 2