Authority: National Company Law Appellate Tribunal Principal Bench, New Delhi

Order Date: 14 July 2026

Case Overview

The appeal was filed by Mohd Yousuf Mantoo, Suspended Managing Director of Siraj UI Uloom Welfare Foundation, against the Registrar of Companies, Jammu & Kashmir and Ladakh and others. The case concerns a winding up petition initiated against the appellant company under Section 271(d) of the Companies Act, 2013.

The appellant's counsel argued that the Ministry of Corporate Affairs, Government of India, through a communication dated 23 March 2026, directed the Regional Director to file the winding up petition, thereby removing the discretion that should have been exercised by the authority. The appellant further contended that the Tribunal's interim order granted prayers not sought by the respondents and was passed based on material submitted by the RoC under sealed cover without providing a copy to the appellant, violating principles of natural justice. Specific objection was raised against interim direction (iii), which was claimed to have far-reaching consequences and disregard specific provisions of the Companies Act.

The respondents, represented by counsel for the Union of India, argued that the winding up petition was filed after adhering to the procedure under Sections 271 and 272 of the Companies Act, 2013, and that the order passed was legally sound. They revealed that during criminal investigation, sensitive information was disclosed against the appellant that formed the basis for initiating winding up proceedings. This evidence, collected during investigation, could not be made public and therefore was not provided to the appellant.

Final Outcome

The NCLAT granted respondent counsel Mr. Sushant Kareer (appearing for Respondents 1-5) two weeks to file a reply with advance copy to the appellant. The appellant was granted one week thereafter to file a rejoinder. The case was adjourned and listed for next hearing on 4 August 2026. The bench comprised Justice Mohammad Faiz Alam Khan (Member-Judicial) and Mr. Naresh Salecha (Member-Technical).

Topics: Corporate Winding Up, Natural Justice, Sealed Cover Evidence