Authority: National Company Law Tribunal, Kolkata Bench, Court No. II
Order Date: 10th June, 2026
Case Overview
The National Company Law Tribunal (NCLT) Kolkata Bench heard multiple interconnected applications concerning Hindustan National Glass & Industrial Ltd. The primary matter is Contempt Application (IBC)/6(KB)/2026, filed by the Erstwhile Resolution Professional under Section 60(5) of the Insolvency and Bankruptcy Code (IBC) read with Rule 11 of NCLT Rules. The application alleges violation of the court's order dated 12th September, 2023, passed in IA/1179/2022 and seeks invocation of the Contempt of Courts Act provisions.
The respondents (the Suspended Board/promoters of Hindustan National Glass) challenged the maintainability of the contempt application, arguing that the Erstwhile Resolution Professional lacks locus standi to file such an application. The respondents have also filed two separate Interlocutory Applications: IA(IBC)/229(KB)/2026 and IA(IBC)/230(KB)/2026, which seek dismissal of the contempt application and challenge the maintainability of the execution application, respectively.
Additionally, the respondents have filed an appeal before the National Company Law Appellate Tribunal (NCLAT) in Delhi (IA No. 3442 of 2025) challenging the main order dated 12th September, 2025, that gave rise to the contempt proceedings. The respondents presented an email communication indicating that this appeal is scheduled for hearing before the Hon'ble NCLAT on 16th July, 2026, at 2:00 PM, and requested an adjournment of the NCLT proceedings until after that date.
The Bench noted that the NCLAT has not granted any stay on the order dated 12th September, 2025, or on the current proceedings before the NCLT. Therefore, the Bench determined that the proceedings cannot be prolonged indefinitely based solely on the pending appeal.
Final Outcome
The NCLT Kolkata Bench adjourned all matters, including the main contempt application (Cont.A.(IBC)/6(KB)/2026) and the connected IAs (IA(IBC)/204(KB)/2026, IA(IBC)/229(KB)/2026, and IA(IBC)/230(KB)/2026), to 10th August, 2026, for further hearing. The adjournment was granted primarily because both parties sought more time, not because of the pending NCLAT appeal. The Bench explicitly clarified that the adjournment should not be construed as being granted due to the pending appeal before NCLAT.
Topics: Legal Proceedings, Corporate Insolvency