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

Order Date: 07.08.2026

Case Overview

The appeal challenges the impugned order dated 25.06.2026 passed by the Adjudicating Authority, which admitted JRG Engineering Polymers Pvt. Ltd. (Corporate Debtor) to Corporate Insolvency Resolution Process (CIRP) under Section 9 of the Insolvency and Bankruptcy Code (IBC).

The Appellant, Parth Yogesh Gandhi, represented by advocates Mr. Gautam Singhal, Mr. Rajat Chaudhary, and Ms. Anjali Maurya, contends that a pre-existing dispute exists which should have been considered by the Adjudicating Authority before admitting the company to CIRP. The Appellant specifically argued that the FIR and documents related to arbitration proceedings demonstrate disputes that existed prior to the issuance of the Section 8 notice.

However, the NCLAT noted that the Adjudicating Authority, in paragraph 52 of its order, had already examined this contention and found that the FIR and arbitration documents relied upon by the Appellant were subsequent to both the issuance of the Section 8 notice and the filing of the reply to the company petition. The Adjudicating Authority had concluded that these subsequent developments could not be relied upon to establish the existence of a pre-existing dispute as contemplated under the IBC.

Final Outcome

The NCLAT bench comprising Justice Yogesh Khanna (Officiating Chairperson), Barun Mitra (Member Technical), and Ajai Das Mehrotra (Member Technical) issued notice to the Respondents (JRG Engineering Polymers Pvt. Ltd. & Anr.) through Speed Post. The Appellant is required to provide the respondents' email address and mobile number to the Registry for alternative service methods. The Appellant must file requisites together with process fee within three days from the order date.

The Respondents are given two weeks to file their reply, followed by another two weeks for the Appellant to file rejoinder, if any. The appeal has been listed for hearing on 24.09.2026. The tribunal has not made any determination on the merits of the appeal at this stage, limiting its order to the issuance of notice and procedural directions.

Topics: Insolvency Proceedings, Legal Appeal