Authority: National Company Law Tribunal (NCLT), Guwahati Bench
Order Date: 9th October 2026
Case Overview
This is a procedural order from the NCLT Guwahati Bench, comprising Hon'ble Member (Judicial) Shri Rammurti Kushawaha and Hon'ble Member (Technical) Shri Yogendra Kumar Singh. The order pertains to four Interlocutory Applications (IAs) filed in connection with the main insolvency petition CP(IB)/2/GB/2022. The main petition was filed by Dr. N. Sahewalla and Company Pvt. Ltd. (Financial Creditor) against Kuber Khanij Pvt. Ltd. (Corporate Debtor) under Section 7 of the Insolvency and Bankruptcy Code (IBC), 2016. The specific IAs being heard are IA(IBC)(Dis.)/1/GB/2026, IA(IBC)/92/GB/2026, IA(IBC)/91/GB/2026, and IA(IBC)/89/GB/2026.
The primary issue addressed in three of the applications (IA/89, IA/91, IA/92) was the non-appearance of Respondent No. 2, Mr. Mukut Mithi, despite service of notice via paper publication in newspapers on 1st and 2nd September 2026.
Final Outcome
The Tribunal passed the following orders for each application:
- For IA(IBC)/89/GB/2026, IA(IBC)/91/GB/2026, and IA(IBC)/92/GB/2026: Respondent No. 2, Mr. Mukut Mithi, was set ex-parte (proceeded against in absence) due to his failure to appear. The counsel for the applicant (the Liquidator, Mr. M. Agarwalla, represented by Adv. Mr. K. Agarwal) was granted two weeks to file a rejoinder, with a copy to the opposite parties. All three matters were listed for their next hearing on 25th November 2026.
- For IA (IBC) (Dis.)/1/GB /2026: The counsel for the Liquidator simply sought time for a hearing. This matter was also listed for hearing on 25th November 2026.
The order was signed by both members of the bench.
Topics: NCLT Proceedings, Insolvency Process, Ex-Parte Order