Piyush Buildwell India Ltd v. Nitin Malik And Others

In The High Court for the States of Punjab and Haryana At Chandigarh Date of Decision:- 12.09.2025 Piyush Buildwell India Ltd ... Petitioner

Versus

Nitin Malik and others ... Respondents

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL HON'BLE MR. JUSTICE H.S. GREWAL Present:- Mr. Alok Mittal, Advocate, for the petitioner. ***** GURVINDER SINGH GILL , J . (Oral) 1.

The petitioner seeks setting aside of impugned order dated 07.07.2025 (Annexure P-1), whereby his application seeking issuance of directions to be issued to the Resolution Professional to furnish requisite information/documents so as to file response to the affidavits filed by the complainant, has been dismissed.

2.

The relevant extract from the impugned order Annexure P-1 reads as under: "NC/IA/7163/2025 On 10.03.2025 a detailed order was passed calling upon the contesting opposite party no.3/builder to file their response to the affidavits filed on behalf of the complainants regarding the alleged demands and also to proceed with the matter regarding the payments about which the averments had been made in the affidavits filed on behalf of the complainants.

Since no reply had been filed to the same, we had granted time of four weeks and no more for the filing of the said affidavits. It is in

- 2 - this context that the present application has been brought forth by the opposite party no. 3/builder raising certain issues regarding the facts and also with the following prayers:

"a. Direct the newly appointed Director of the OP-3, namely Sh. Sanjay Bhambri to give the Director possession of the important documents of OP-3, so the Director can file replies to the Claim Affidavits filed by the Complainants herein; and b.

Direct the Resolution Professional of M/s Piyush Shelter India Pvt. Ltd., namely Mr. Swami Deen Gupta to give the Director possession of the important documents of OP-3, so the Director can file replies to the Claim Affidavits filed by the Complainants herein; and c. Direct the Resolution Professional of M/s Piyush Colonisers Pvt. Ltd., namely Mr. Ashish Singh to give the Director possession of the important documents of OP-3, so the Director can file replies to the Claim Affidavits filed by the Complainants herein"

We find that these prayers along with the said application is clearly designed to somehow or the other procrastinate these proceedings and further seeking more time in order to enable the opposite party no.3/builder to avoid giving the answers to the affidavits already filed on behalf of the complainants. We therefore find the application to have been designed only for the said purpose. Any difficulties being faced by the opposite party no. 3/builder in collecting papers from any other forums cannot be a matter of concern of this Commission.

The application is misconceived and is accordingly rejected." 3.

Learned counsel for the petitioner submitted that as a matter of fact the company in question i.e. Piyush Buildwell India Ltd. is not under liquidation and that the proceedings under the Insolvency and Bankruptcy Code, 2016 have been initiated only against M/s Piyush Colonizers Limited.

- 3 - 4.

It is not in dispute that M/s Piyush Colonizers Limited holds 32% share in petitioner - company i.e. Piyush Buildwell India Ltd. Since, the main grievance of the petitioner -company is that the record had been seized by the Resolution Professional, which includes the record of the petitioner's company, it would be appropriate for the petitioner - company to move an application before the National Commission for release of the requisite record, if found to have been taken beyond the ambit of proceedings in question.

5.

At this stage, learned counsel for the petitioner informed that an application in this regard has already been filed.

6.

Having regard to the aforestated position we do not find any infirmity in the impugned order and the same is hereby affirmed. The petition, as such, is dismissed.

7.

Needless to mention, it shall be open to either of the parties to inform the Commission concerned regarding appointment of Resolution Professional. The Resolution Professional, if any appointed, would be obligated to take necessary steps in accordance with law.

( GURVINDER SINGH GILL ) JUDGE ( H.S. GREWAL ) 12.09.2025 JUDGE mohan Whether speaking /reasoned Yes / No Whether Reportable Yes / No