Yogesh Gupta, Resolution Professional/ Respondent Resolution Professional Respondent of M/s. Varanasi Auto Sales Pvt. Ltd. C/o. Motiwala Industrial Estate, PAC Thana, Maduadih, Bhullanpur, Varanasi 221108 For Appellant: Shri Abhijeet Sinha, Ms. Bonita Singh, Ms. Naomi Chandra and Shri Saikat Sarkar, Advocates For Respondent: Shri Siddharth Gautam and Shri Vijay Kumar, Advocates Shri Yogesh Gupta, RP 2 JUDGEMENT (20th December, 2019) A.I.S. Cheema, J. : 1. The Appellant Amit Gupta (Promoter/Shareholder of Corporate Debtor M/s. Varanasi Auto Sales Pvt. Ltd.) has filed this Appeal against Impugned Order dated 9th August, 2019 passed by the Adjudicating Authority (National Company Law Tribunal, Allahabad Bench) in CA No.259/2018 in Company Petition No.(IB)64/ALD/2017 rejecting his prayer that Resolution Professional (Respondent) may be directed to revise expression of interest (EOI) issued and float new revised EOI by making changes suggested by him and extending date. 2. It is stated that the Appellant had filed Application under Section 10 of the Insolvency and Bankruptcy Code, 2016 (IBC in short) on behalf of the Corporate Debtor as Applicant on the basis of Board Resolution and the Application under Section 10 was admitted by the Adjudicating Authority on 26th April, 2018. After initiation of the CIRP process, Respondent Resolution Professional issued (Annexure A3) "Invitation for Expression of Interest and Submission of Resolution Plan" with regard to the Corporate Debtor. The invitation specified last date to submit EOI by 12 Noon of 18.08.2018. It is stated for the Appellant that the Appellant sent email dated 18.08.2018 (Annexure A9 Page 135) to the Resolution Professional. The contents of which read as under: "Amit Gupta <[email protected]> Sat, Aug 18, 2018 at 12:07 PM To: yogesh gupta <[email protected]> Company Appeal (AT) (Ins) No.903 of 2009 3 Cc: Yogesh Gupta <[email protected]> Dear Mr. Yogesh, I, Amit Gupta s/o Late Mr. Jag Mohan Gupta is interested to bid for resolution of M/s Varanasi Auto Sales Limited. Kindly enlist my name for the same. Thanking you, With Regards, Amit Gupta Enclosed : ITR and pan" The email had four attachments three were Income Tax Returns and one was copy of the PAN Card of the Appellant. 3. The Resolution Professional on 27th August, 2018 sent following Reply to the Appellant: "Dear Mr Amit Gupta, The Committee of Creditors at its meeting held on 21 August 2018 at Varanasi was briefed about your email communication received on 18th August, 2018, stating your interest for revival of Varanasi Auto Sales Limited along with a copy of your PAN and ITRs, in response to EOI for resolution Applicant. The documents were produced before the COC and the matter was discussed and the Committee formed a decision that your communication by email was found not in conformity with the requirements asked for and the applicable provisions of IBC law and therefore you were considered as noncompliant for the purpose. Thanking you, Yogesh Gupta Resolution Professional Varanasi Auto Sales Limited" Company Appeal (AT) (Ins) No.903 of 2009 4 4. Appellant then on 30th August, 2018 sent another email (Annexure A11 Page 137) mentioning to the Resolution Professional "Kindly list out the requirements which are not fulfilled as per you". The Resolution Professional replied on 31st August, 2018 informing the Appellant that "The EOI requirements were released in public domain and you can find out why your communication by email was found not in conformity with the requirements asked for". Record shows that