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

Order Date: October 12, 2026

Case Overview

The Indian Renewable Energy Development Agency Limited (Applicant) filed an application under Section 60(5) of the Insolvency and Bankruptcy Code, 2016 read with Rule 11 of the National Company Law Tribunal Rules, 2016 against Gensol Engineering Limited (Respondent No. 1) and other respondents. The proceedings fall under Section 7 of the IBC (CP(IB)/195(AHM)2025).

The principal dispute concerns the non-issuance of manufacturer warranty certificates and related documentation for 69,347 solar modules and materials supplied by Gensol Engineering for the Corporate Debtor's Damodar Valley Corporation (DVC) project sites. These specific sites include Koderma Thermal Power Plant, Raghunathpur (Purulia), and Mejia Thermal Power Station (Bankura) in West Bengal. The applicant seeks these documents irrespective of the identity of intermediary suppliers or any alleged dues owed by the Corporate Debtor to such suppliers.

The applicant's prayers included: (a) allowing the application; (b) directing Respondents 1 & 2 to issue and hand over all warranty certificates and documentation for the 69,347 modules; (c) directing Respondents 3 to 6 to cooperate in handing over any such documentation; and (d) directing Respondents 1 & 2 to provide a point of contact for warranty registration and claims in the name of the Corporate Debtor/Damodar Valley Corporation.

Final Outcome

The tribunal issued procedural directions. Counsel for Respondents 1 & 2, Mr. Alok Tiwari, waived notice and sought time to file a reply. The tribunal ordered that formal notice be issued to Respondents 3 to 6 by the Registry, returnable by the next hearing date. The applicant was directed to collect these notices and serve them upon Respondents 3 to 6 via Registered Post/Speed Post, Dasti, and email on their registered email ID forthwith. All respondents were directed to file their replies within three days from the date of receiving the notice. Any rejoinder is to be filed within a subsequent period of three days. The applicant must file proof of service by way of an affidavit before the next hearing. The matter was adjourned and re-listed for further consideration on October 23, 2026. The order was signed by Member (Technical) Sanjeev Sharma and Member (Judicial) Shammi Khan.

Topics: Insolvency Proceeding, Solar Energy, Warranty Dispute