Authority: National Company Law Tribunal (NCLT), Division Bench, Court - 1, Ahmedabad

Order Date: 18/06/2026

Case Overview

This order pertains to multiple Interlocutory Applications (IAs) filed in the main insolvency proceeding of Wind World (India) Ltd, initiated under Section 7 of the Insolvency and Bankruptcy Code, 2016 by financial creditor IDBI Ltd. The bench comprised Hon'ble Member (Judicial) Mr. Shammi Khan and Hon'ble Member (Technical) Mr. Sanjeev Sharma. The primary matter for consideration was the approval of a Resolution Plan dated 13.02.2026, as amended by an Addendum dated 20.05.2026.

The key dispute centered on IA/936(AHM)2026, an application filed under Section 60(5) of the Code. The applicant sought either the dismissal of the application for approval of the Resolution Plan or an appropriate modification of the Plan concerning a specific technology claim. The technology in question is also the subject of separate ongoing proceedings before the Hon'ble Supreme Court. Upon an oral request, the Successful Resolution Applicant (SRA) was impleaded as Respondent No. 2 in this application.

Final Outcome

The Tribunal did not make a final ruling on the approval of the Resolution Plan. Instead, it recorded a submission from the SRA, who agreed to file an affidavit/undertaking stating that the disputed technology would not be used during the pendency of the Supreme Court proceedings. Furthermore, if the Resolution Plan is eventually approved, the technology will not be used until an interim or final decision is rendered by the Supreme Court. The SRA was directed to file this undertaking through the Resolution Professional on the same day.

For other applications, procedural directions were issued:

  • For IA/907(AHM)2026, the applicant's counsel intended to file a rejoinder and was given one day to do so. The Committee of Creditors (CoC) was permitted to place the decisions of its 59th meeting on record, along with a revised Form-H.
  • For IA/930(AHM)2026, replies filed by respondents R-1 and R-2 were taken on record. The applicant was given one more day to file a rejoinder, if any.

All matters, including the main application for plan approval (IA(Plan)/10(AHM)2026), were adjourned and re-listed for further consideration on June 22, 2026.

Topics: Corporate Insolvency, Resolution Plan, Technology Dispute