Sanjeev Mahajan Vs Nimitaya Hotel Resorts Ltd. (NCLT Delhi)
NCLT Delhi Rejects Transfer of Insolvency Proceedings from Special Bench, Imposes ₹50,000 Costs for Material Concealment
The Transfer Application was filed by the ex-promoter of Nimitaya Hotel and Resorts Ltd. (Corporate Debtor) seeking transfer of CP(IB) No. 1913/2019, titled Indian Bank (Erstwhile Allahabad Bank) vs. Nimitaya Hotel & Resorts Limited, along with all connected interlocutory applications pending before the NCLT, New Delhi Special Bench, to another appropriate Bench.
The applicant submitted that although the insolvency matter had been assigned to the Special Bench, no effective hearing had taken place and the proceedings had been unnecessarily delayed. On this basis, it was contended that the matter should be transferred to a regular Bench.
The respondents opposed the application and submitted that the applicant had earlier filed Transfer Application No. TA(IBC)29(PB)/2023 seeking transfer of the same petition, which had been dismissed as not pressed by order dated 20.10.2023. It was further submitted that the applicant had also filed a writ petition before the Delhi High Court seeking, among other reliefs, transfer of the matter from the Special Bench to another Bench, but neither the earlier transfer application nor the corresponding prayer in the writ petition had been disclosed in the present transfer application. It was also pointed out that notice had been issued in the writ petition on 30.04.2026, but no interim order had been passed.
