Authority: National Company Law Tribunal (NCLT), Guwahati Bench
Order Date: 10th June 2026
Case Overview
The case, registered as CP/32/GB/2022, is a Company Petition filed under Section 272(c) of the Companies Act, 2013. The petitioners, Narendra Surana and Neeraj Surana, are seeking the winding up of the company M/s R.S. Enterprise Pvt. Ltd. The respondents named in the petition are the company itself (M/s R.S. Enterprise Pvt. Ltd.), Binod Kumar Surana, Bina Devi Surana, Ritu Jain (Dungarwal), Pankaj Surana, Punit Surana, and Neeraj Surana. All respondents except Respondent No. 2 (Binod Kumar Surana) have already been proceeded against ex parte. The central dispute in the hearing was the operational status of the company. The learned counsel for Respondent No. 2, Binod Kumar Surana, submitted that M/s R.S. Enterprise Pvt. Ltd. is a "running concern." In contrast, the learned counsel for the Petitioners submitted that the company is "not in operation."
Final Outcome
To resolve the factual dispute over the company's status, the NCLT Bench, comprising Hon'ble Member (Judicial) Shri Rammurti Kushawaha and Hon'ble Member (Technical) Shri Yogendra Kumar Singh, appointed Mr. Bishal Agarwal, Advocate, as an Advocate Commissioner. His mandate is to ascertain and verify whether the company is functioning and carrying on its business activities. The petitioner, Mr. Narendra Surana, will bear the costs for this inspection, with the commissioner's fee fixed at ₹25,000 (Rupees Twenty Five Thousand Only). The Advocate Commissioner is directed to conduct the inspection and submit his report to the tribunal within ten (10) days. The matter has been listed for further consideration on 15th July 2026.
Topics: Corporate Insolvency, NCLT Proceeding