Authority: National Company Law Tribunal, Kolkata Bench, Court-II

Order Date: 22 June 2026

Case Overview

This application (I.A. (IBC) 381/KB/2026) was filed by Adone Hotels & Hospitality Limited (formerly DLF Hilton Hotels Limited) seeking disclosure of a confidential resolution plan submitted by Prominent Suppliers Private Limited for Avani Projects & Infrastructure Limited, which was undergoing Corporate Insolvency Resolution Process (CIRP).

The dispute originates from a Joint Development Agreement dated 09.11.2013 between Adone Hotels (as lessee) and Avani Projects for commercial development of approximately 3.70 acres (224.35 cottahs) of land at municipal premises no. 8, JBS Haldane Avenue, Kolkata – 700046, which was part of Adone's 5.59-acre leasehold property. The agreement was terminated by Adone on 07.08.2018 due to Avani's material breaches including failure to complete construction within 48 months, failure to maintain valid sanction plans, and mismanagement of project funds.

CIRP against Avani Projects was initiated on 13.03.2019 following an application by Devi Trading & Holding Private Limited. The resolution professional and Committee of Creditors never challenged the termination of the Joint Development Agreement. On 09.12.2024, NCLT permitted Prominent Suppliers Private Limited to submit a resolution plan specifically for the "Avani Grand" project on the disputed land.

Adone Hotels filed IA (IB) No. 203/KB/2025 seeking exclusion of the 3.70 acres from the CIRP estate and recall of the 09.12.2024 order. This application was fully heard and reserved for orders on 05.12.2025. During hearings for plan approval (IA (IB) (PLAN) No. 23/KB/2025) on 19-20.02.2026, Adone learned that the resolution plan contained provisions seeking to exercise rights under the terminated agreement, modify its terms, and create rights over Adone's land.

Final Outcome

The NCLT dismissed Adone Hotels' application, relying on NCLAT precedents (Rupinder Singh Gill v. Three C Universal Developers Pvt. Ltd., 2023 and Sunrise Mining Company Pvt. Ltd. v. Twenty First Century Wire Rods Ltd., 2026) which established that non-creditors have no legal right to access resolution plans during approval proceedings. The tribunal found that Adone had already been afforded full opportunity to agitate its claims in the separately pending exclusion application and that examination of property rights issues doesn't require disclosure of the entire confidential resolution plan. The application was disallowed and disposed of accordingly.

Topics: Insolvency Resolution Process, Confidentiality of Resolution Plans, Property Rights Dispute