Anupam Tieup Private Limited & Ors. Vs Om Prakash Agarwal & Ors. (Calcutta High Court)
The petitioners filed a writ petition challenging the National Company Law Tribunal, Kolkata Bench’s order dated 10 June 2026. They submitted that they were impleaded in the NCLT proceedings on the same day the order was passed and were not given an opportunity of hearing. They stated that they received the order only recently and therefore could not file an appeal before the Appellate Tribunal, seeking time from the High Court to approach the Appellate Tribunal.
The petitioners further submitted that, following the NCLT’s order, the Administrator had issued a notice convening a meeting on 6 July 2026. They sought interim protection, contending that they would suffer irreparable loss and injury unless the meeting was stayed until they could approach the Appellate Tribunal. They relied on South Indian Bank Limited & Ors. vs. Naveen Mathew Philip & Anr. (2023) 17 SCC 311.
The respondents argued that the writ petition was not maintainable since the NCLT order was appealable and contended that the petitioners should have approached the Appellate Tribunal instead of filing the writ petition.
The Calcutta High Court observed that the only prayer was for time to file an appeal before the Appellate Tribunal. Without entering into the merits of the writ petition, it disposed of the matter, granting liberty to the petitioners to approach the Appellate Tribunal on or before 13 July 2026. Until then, the Administrator was directed not to convene any meeting pursuant to the NCLT’s order dated 10 June 2026.
