Authority: National Company Law Appellate Tribunal Principal Bench, New Delhi
Order Date: 05.10.2026
Case Overview
The National Company Law Appellate Tribunal (NCLAT) heard 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 & Others. The appeals arise from Corporate Insolvency Resolution Process (CIRP) proceedings. The Tribunal noted that due to misinformation provided on 03.07.2026, incorrect facts had been recorded in its order of that date. The instant order serves to correct those factual errors.
In Appeal No. 441 of 2026, Respondent No. 1 (the Resolution Professional) had filed its reply along with Respondent No. 2 (SRA - Omkara Assets Reconstruction Private Limited). Respondent No. 3, though served, had not filed any reply. In the connected 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. Omkara Assets Reconstruction Private Limited was identified as the sole member of the Committee of Creditors (CoC).
Final Outcome
The NCLAT corrected its previous order dated 03.07.2026 to reflect the accurate status of reply filings. Although noting that ample opportunity had already been provided, the Bench granted a final opportunity to Respondent No. 2 - Omkara Assets Reconstruction Private Limited to file its reply, if it so wished, within 10 days from the order date (05.10.2026), with an advance copy to the Learned Counsel for the Appellant. Both appeals were adjourned and listed for hearing on 30.10.2026.
Topics: Insolvency Appeal, NCLAT Procedure, Committee of Creditors