Authority: National Company Law Appellate Tribunal, Principal Bench, New Delhi
Order Date: 23 September 2026
Case Overview
This matter involves an interlocutory application (I.A. No. 6888 of 2026) filed within another application (I.A. No. 5092 of 2026) in the main company appeal (CA (AT) (Ins) No. 1089 of 2026). The appellant/applicant is Yogesh Kasundra, the suspended director of Pithadai Construction Pvt. Ltd. The respondents are Mittal Construction Co. & Anr., with the second respondent being the Resolution Professional. The tribunal heard arguments from counsel representing both parties, including Mr. Chitranshul A. Sinha for the applicant and Mr. Saumitra Chaturvedi appearing for the Operational Creditor.
Final Outcome
The NCLAT bench, comprising Justice Mohammad Faiz Alam Khan (Member-Judicial) and Arun Baroka (Member-Technical), declined to pass immediate orders and instead adjourned the hearing to September 25, 2026. The tribunal directed that the Resolution Professional and Operational Creditor may file any response to the applications in the interim period. The bench specifically noted that the responsibility to maintain the corporate debtor as a going concern rests with the Interim Resolution Professional/Resolution Professional. The matter will be listed as the first case on the board on the next hearing date due to the urgency shown by the applicant's counsel.
Topics: NCLAT Proceeding, Corporate Insolvency, Director Rights