Authority: National Company Law Appellate Tribunal, Principal Bench, New Delhi

Order Date: 07.08.2026

Case Overview

The National Company Law Appellate Tribunal (NCLAT) heard Company Appeal (AT) (Insolvency) No. 1435 of 2026 filed by Anurag Bhardwaj, Suspended Director of Himaya Apparels Pvt. Ltd., against Groyyo Pvt. Ltd. and another respondent. The appeal challenges the impugned order dated 03.07.2026 passed by the Adjudicating Authority which admitted a petition under Section 9 of the Insolvency and Bankruptcy Code.

The appellant's counsel argued that a pre-existing dispute existed between the parties, citing that the respondent (Groyyo Pvt. Ltd.) had been supplying cotton yarn since January 2023, and the appellant had been complaining about the quality of the yarn supplied. Specific references were made to letters dated 18.01.2023 and 08.02.2023 sent to the respondent regarding quality issues, as well as a police complaint dated 28.08.2023 against the respondent concerning defects in the goods supplied and alleged threats.

The impugned order from the Adjudicating Authority had considered the effect of the letters dated 18.01.2023 and 08.02.2023 but observed that there was no proof of service of these letters to the operational creditor. The Authority also declined to rely on the unilateral police complaint as evidence of a pre-existing dispute.

In response, the respondent's counsel contended that the claim was actually admitted by the appellant, as the appellant had issued cheques for the admitted amount, and multiple complaints under Section 138 of the Negotiable Instruments Act had been filed and were pending.

Final Outcome

The NCLAT admitted the appeal and granted procedural timelines for filing responses. The respondent No. 1 (Groyyo Pvt. Ltd.) was given four weeks to file a reply, with a rejoinder from the appellant due within four weeks thereafter. Respondent No. 2 must also be served and shall file a reply within two weeks from service of notice, with a rejoinder due within two weeks after that. The appeal has been listed for next hearing on 12.10.2026. The appellant's counsel indicated intentions to file proof of service of the quality complaint letters and any investigation report related to the police complaint by the next date.

Topics: Insolvency Appeal, Pre-existing Dispute, Quality Complaint