Authority: National Company Law Tribunal, Allahabad Bench, Prayagraj (Single Bench)

Order Date: 9th June, 2026

Case Overview

This is an appeal (Rule 63 Appeal No.01/ALD/2026) filed under Rule 63 of the NCLT Rules, 2016. The appeal was against an order dated 29th April, 2026, passed by the Learned Deputy Registrar. The original application was filed by the erstwhile liquidator of M/s Garvit Innovative Promoters Ltd., Nirmal Kumar Bhesoni, under Regulation 33(3) of the IBBI (Liquidation Process) Regulations read with Rule 11 of the NCLT Rules, 2016. The application sought to modify an entry in the list of stakeholders that was filed on 27th December, 2025 (Diary no. 902109005602026).

The appellant's counsel, Sh. Amar Nath, argued that the application had technical defects pointed out by the Deputy Registrar, which were cured. However, fresh defects were subsequently identified and were also cured. Despite this, the application was declined by the Deputy Registrar's order. Consequently, the liquidation process portal was closed, preventing the erstwhile liquidator from re-filing the rectified application. The appeal was filed on the grounds of natural justice to allow the application to be refiled.

Counsel for the present liquidator, Sh. Govind Bhardwaj with Sh. P. K. Shukla, raised an objection regarding the maintainability of the appeal. He contended that the erstwhile liquidator had ceased to exist and therefore lacked the standing to file any application in this matter.

Final Outcome

The Hon'ble Member (Judicial), Sh. Praveen Gupta, allowed the appeal. The tribunal granted liberty to the appellant to refile the desired application within a period of one week, ensuring all requisite formalities are complied with and the defects pointed out by the Deputy Registrar are cured. The order explicitly clarifies that this ruling is on procedural grounds under Rule 63 and does not constitute any opinion on the merits of the underlying application. The present liquidator retains the right to raise all objections on merit when the application is heard by the Regular Bench.

Topics: Insolvency, Legal Procedure