Authority: National Company Law Appellate Tribunal (NCLAT) Principal Bench, New Delhi
Order Date: 10 August 2026
Case Overview
This appeal, Company Appeal (AT) (Insolvency) No. 1287 of 2026, was filed by Vision Procon Pvt. Ltd. (the Appellant) against an order dated 03 June 2026 from the National Company Law Tribunal (NCLT), Ahmedabad Bench. The impugned order had dismissed the Appellant's application, I.A. No.493 of 2026, which was filed within another application, I.A. No.128 of 2019, in the main insolvency proceeding C. P. No.46 of 2017 concerning Mekaster Engineering Ltd.
The Appellant's counsel argued that the company never received any notice for the earlier application, I.A. No.128 of 2019. The basis for this claim was an address change that allegedly occurred on 01 March 2019. The Appellant presented a rent agreement dated 01 March 2019, noting possession from that date, though it was notarized a week later on 08 March 2019. The Appellant also submitted a Form INC-22 for a change of registered office address but did not specify the filing date. The impugned order indicated that service of notice had been effected at the address listed on the Ministry of Corporate Affairs (MCA) website.
A second key argument from the Appellant was that the financial transactions in question were conducted with an entity named 'Vision Procon', which it claims is a separate and unrelated unit to the appellant company, 'Vision Procon Pvt. Ltd.'. The Appellant suggested this could be a case of mistaken identity.
The Respondent in the case is Chandra Prakash Jain, the Liquidator of Mekaster Engineering Ltd.
Final Outcome
The NCLAT bench, comprising Officiating Chairperson Justice Yogesh Khanna and Members Barun Mitra and Ajai Das Mehrotra, issued a notice to the Respondents. The Appellant was given three days to file the requisite process fee. The Respondent (Liquidator) was given three weeks to file a reply, and the Appellant was allotted two weeks after that to file a rejoinder. The appeal was listed for its next hearing on 09 October 2026. The order did not grant any immediate relief but initiated the process for a full hearing.
Topics: NCLAT Appeal, Service of Notice, Mistaken Identity