IN THE NATIONAL COMPANY LAW TRIBUNAL

KOLKATA BENCH

KOLKATA

I.A. (IB) No. 314/KB/2021

in

C.P. (IB) No. 676/KB/2019

In the matter of:

Under section 7 of the Insolvency and Bankruptcy Code, 2016.

In the matter of:

Reliance Home Finance Limited

... Financial Creditor

Versus

Starlite Infracon Private Limited

... Corporate Debtor

I.A. (IB) No. 314/KB/2021

An application under section 43, section 45, section 49 and section 66 of

the Insolvency and Bankruptcy Code, 2016 read with Insolvency and

Bankruptcy Board of India (Insolvency Resolution Process of Corporate

Persons) Regulations, 2016

In the matter of:

Niraj Kumar Agarwal,

Resolution Professional of Starlite Infracon Private Limited

… Applicant

Versus

1. Mudit Poddar

2. Manoj Kumar Poddar

3. Md. Sadique Islam

IN THE NATIONAL COMPANY LAW TRIBUNAL

KOLKATA BENCH

Niraj Kumar Agarwal v. Mudit Poddar

I.A. (IB) No. 314/KB/2021 in C.P. (IB) No. 676/KB/2019

Page 2 of 13

4. Rafiza Nusrat

5. Sahajaham Molla

6. Puja Roy

7. Md Sarique Islam

8. Zakir Hussain Khan Saheb

9. Vikram Singh

10. Neelam Singh

11. Binod Chakraborty

12. Sk. Jahangir Ali

13. Avecon Infrastructure Pvt. Ltd.

14. Sk. Jahangir Ali, Sole Proprietor of Creative Construction &

Company

15. Dipanjan Mukherjee

16. Anuradha Shaw

17. Vijay Kumar Shaw

18. Sanjib Chowdhury

19. Debolina Biswas

20. Koushik Bandopadhyay

21. Mainak Bandopadhyay

22. Sumita Banerjee

23. Dilu Mondal

24. Bina Mondal

25. Biswajit Ghosh Roy

26. Sanwaj Mondal

27. Safiuddin Mondal

28. Rubina Khatoon

29. Rahul Bhandari

30. VAB Commercial Private Limited

31. Arpita Mukherjee

32. Sharmila Sengupta

33. Shampa Dutta

IN THE NATIONAL COMPANY LAW TRIBUNAL

KOLKATA BENCH

Niraj Kumar Agarwal v. Mudit Poddar

I.A. (IB) No. 314/KB/2021 in C.P. (IB) No. 676/KB/2019

Page 3 of 13

34. Anil Kumar Sharma

35. Monika Sharma

… Respondents

Coram:

Shri Rohit Kapoor, Member (Judicial)

Shri Harish Chander Suri, Member (Technical)

Appearances (via hydrid mode):

For the Resolution Professional

: Mr. Saurav Jain, Advocate

For Respondent No. 9, 10, 23,

24, 32, 33

: Mr. Shwetaank Nigam, Advocate

Date of Hearing: 21.03.2022

Date of pronouncing the order: 06.07.2022

ORDER

Per : Rohit Kapoor, Member (Judicial):

1. This Court convened through hybrid mode.

2. This I.A. has been filed under section 43, section 45, section 49 and

section 66 of the Insolvency and Bankruptcy Code, 2016 was filed on

10.02.2021 seeking reliefs against the suspended Board of Directors and

parties to whom flats have been sold.

3. There are as many as 35 Respondents and notice was issued by this

Adjudicating Authority on 07.04.2021. The Respondents Nos. 9, 10, 23,

24, 32 and 33 have filed their reply whereas the right of the Respondents

who did not file their reply was closed.

4. Coming to the contentions of the Resolution Professional and appearing

Respondents, it is relevant to point out that the Company Petition (IB)

No. 676/KB/2019 under section 7 before this Adjudicating Authority.

5. This Adjudicating Authority admitted the section 7 petition on 16 March

2020 and Mr. Niraj Kumar Agarwal was appointed as the Interim

IN THE NATIONAL COMPANY LAW TRIBUNAL

KOLKATA BENCH

Niraj Kumar Agarwal v. Mudit Poddar

I.A. (IB) No. 314/KB/2021 in C.P. (IB) No. 676/KB/2019

Page 4 of 13

Resolution Professional (“IRP”). The Applicant was then appointed as

the Resolution Professional on 08.10.2020.

6. The IRP published Form A for inviting claims on 20.03.2020 in two

leading newspapers and issued invitation for Expression of Interest

(“EoI”) in Form G on 08.10.2020, by making advertisement in two

newspapers viz. Business Standard and Aajkal and designated website

of IBBI.

7. In this publication, Starlite Infracon Private Limited is shown to be the

Corporate Debtor along with other details in Form G issued by the

Resolution Professional.

8. The Resolution Plan was filed before this Adjudicating Authority