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

Order Date: 05 October 2026

Case Overview

This order pertains to two interconnected Company Appeals (Comp. App. (AT) (Ins) No. 441 of 2026 and Comp. App. (AT) (Ins) No. 442 of 2026) filed by Wescon Housing India Pvt. Ltd. through its director, Jesal P Thakkar, against Pankaj Ramandas Majithia (the Resolution Professional) and others. The Tribunal noted that due to misinformation provided on a previous hearing date (03.07.2026), some incorrect facts had been recorded in its order from that day. The instant order serves to correct the record of those proceedings. The appeals are part of an ongoing corporate insolvency resolution process.

Final Outcome

The Tribunal corrected the factual record from its July 3 order. It noted the status of reply filings:

  • In Appeal No. 441 of 2026, Respondent No. 1 (the RP) and Respondent No. 2 (SRA - Omkara Assets Reconstruction Private Limited) had filed their replies, while Respondent No. 3, though served, had not.
  • In Appeal No. 442 of 2026, replies had been filed on behalf of Respondent No. 1 (RP) and Respondent No. 3 (SRA), but Respondent No. 2 (Omkara Assets Reconstruction Private Limited) had not filed any reply, despite being sufficiently served.

Noting that Omkara ARC is the sole member of the Committee of Creditors (CoC) and that ample opportunity had already been provided, the Tribunal granted one final opportunity for Respondent No. 2 (Omkara ARC) to file its reply, if it so wished, within 10 days from the order date (by October 15, 2026). An advance copy of the reply must be provided to the appellant's counsel. Consequently, both appeals were adjourned and listed for hearing on 30 October 2026.

Topics: NCLAT, Insolvency Appeal, Procedural Order