01 ORDER SHEET OF THE HEARING ON 23^rd APRIL 2026 IA(IBC)/74/GB/2025 In IA(IBC)/185/GB/2024 In CP(IB)/24/GB/2023 Present: 1. Hon’ble Member (Judicial), Shri Rammurti Kushawaha

2. Hon’ble Member (Technical), Shri Yogendra Kumar Singh Appearances (via video conferencing/physically)

For Petitioner (s) : Mr. K. Kejriwal, Adv. for SRA : Ms. A. Daga, Adv.

For Respondent (s) : None

ORDER

IA(IBC)/74/GB/2025 In IA(IBC)/185/GB/2024 Order pronounced in open court vide separate sheets.

Sd/- Sd/-

Yogendra Kumar Singh Rammurti Kushawaha Member (Technical) Member (Judicial)

Shubham (PS)

In I.A. (IBC)/185/GB/2024 C.P. (IB)/24/GB/2023 Application under Rule 53 of the National Company Law Rules, 2016 In the matter of:

Peerless Hospitex Hospital and Research Center Limited, having its registered office at 360, Panchasayar, Kolkata - 700094 ...Petitioner -Versus Abhijit Hazarika, House No.15, Santipur Main Road, Guwahati 781009;

…Respondent no. 1 -And-

Simanta Das, House No.15, Santipur Main Road, Guwahati 781009;

…Respondent no. 2 -And-

Gautam Sarma, Kanaklata Paath, BT College, East By Lane, Lachit Nagar, Guwahati

781003.

…Respondent no. 3 Coram:

Shri Rammurti Kushawaha : Member (Judicial)

Shri Yogendra Kumar Singh : Member (Technical)

Appearances (through video conferencing):

For Petitioner : Mr. K. Kejriwal (Adv.)

For Respondent : Mr. K. Talukdar; Mr. V. Kalra (Advocates)

Order pronounced on: 23.04.2026 In I.A. (IBC)/185/GB/2024 C.P. (IB)/24/GB/2023 _____________________________________________________________________________________________

ORDER

1. The instant application has been filed by Peerless Hospitex Hospital and Research Center Limited (“Applicant/ Successful Resolution Applicant”) under Rule 53 of the National Company Law Tribunal Rules, 2016 (“NCLT Rules, 2016”), seeking the following reliefs:

a) The Applicant herein be substituted in place and stead of Mr. Sandeep Khaitan, Resolution Professional of Ayursundra Hospital (Guwahati) Pvt Ltd, as the Applicant in I.A.(IBC).

No.185/O8/2024;

b) Leave be granted to the Applicant to make necessary amendments to the I.A.(IBC).

No.185/GB/2024 and serve a copy of the amended application upon the Respondents herein;

c) Ad-interim orders in terms of prayers above;

d) Such further order and/or orders by passed and/or directions be given as this Hon'ble Tribunal may deem fit and proper.

2. Submissions on behalf of the Applicant:

2.1. During the Corporate Insolvency Resolution Process (“CIRP”) of Ayursundra Hospital (Guwahati) Pvt Ltd. (CIN: U85110AS2007PTC008546) (“Corporate Debtor”), the Resolution Professional, Mr. Sandeep Khaitan, (“Resolution Professional”) filed the application being I.A.(IBC) No.185/GB/2024, against the Respondents, being the suspended Directors, under Sections 25(j), 43, 50 and 66 of the Insolvency and Bankruptcy Code, 2016 ("Code") ("PUFE Application").

2.2. The Application, inter alia, alleges preferential, extortionate and fraudulent transactions undertaken by the Respondents prior to commencement of CIRP, initiated by an order dated 12.03.2024 by this Tribunal, and seeking various reliefs. A copy of the PUFE Application is annexed hereto and marked as "C". A copy of order dated 12.03.2024 passed by this Tribunal initiating CIRP of the Corporate Debtor is annexed hereto and marked as B.

2.3. While the application was still pending adjudication, the Resolution Plan dated

05.10.2024 (amended on 28.10.2024) (hereinafter referred to as the "Approved In I.A. (IBC)/185/GB/2024 C.P. (IB)/24/GB/2023 _____________________________________________________________________________________________

Resolution Plan"), proposed by the Applicant was approved unanimously by the Committee of Creditors (“CoC”) and by this Tribunal vide order dated 20.12.2024. Hence, the Applicant is the Successful Resolution Applicant (“SRA”). A copy of the order dated 20.12.2024 is annexed hereto and marked as "A".

2.4. The Order dated 20.12.2024 recorded that the Approved Resolution Plan contained the manner in which proceedings in respect o