Authority: National Company Law Tribunal (NCLT), New Delhi Single Principal Bench
Order Date: 10 July 2026
Case Overview
The transfer application (TA (IBC) - 33(PB)/2026) was filed by Brij Mohan Mahajan, an ex-promoter of the Corporate Debtor, Nimitaya Hotel And Resorts Ltd. The applicant sought the transfer of CP (IB) No. 1913/2019 from Court-V, Special Bench, NCLT New Delhi to another appropriate bench. The principal allegation was that the proceedings were being conducted, and orders were being passed, with "perversity," which was cited as sufficient ground for transfer. The applicant also argued that the circumstances justifying the special bench's constitution no longer existed. Specific grounds included a table alleging delays in the uploading of orders passed on various hearing dates (20.05.2026, 15.04.2026, 20.03.2026, 17.02.2026).
The Tribunal reviewed orders passed by the special bench, including one from 17.02.2026 which listed numerous interconnected applications (IA/459/2026, IA/584/2026, IA/5980/2025, IA/1015/2025, etc.), and concluded that a bare reading indicated the proceedings were being conducted properly. The Tribunal found no evidence of perversity. It was also noted that a nearly identical transfer application (TA (IBC)-28(PB)/2026) had been filed earlier by Mr. Sanjeev Mahajan, the son of the present applicant and also an ex-promoter, which was dismissed on 05.06.2026 after due consideration.
Final Outcome
The Tribunal dismissed the transfer application, finding it devoid of any merit. The ruling orders that CP (IB) No. 1913/2019, titled "Indian Bank (Erstwhile Allahabad Bank) vs. Nimitaya Hotel & Resorts Limited," will continue to be heard by Court-V, Special Bench, NCLT New Delhi.
Topics: Insolvency Proceeding, Tribunal Transfer