Indian Bank Vs Nimitiya Hotel And Resorts Limited (NCLT Delhi)
The National Company Law Tribunal (NCLT) dealt with multiple interlocutory applications arising in the corporate insolvency resolution process (CIRP) of Nimitaya Hotel & Resorts Ltd.
In New IA/2334/2026, the Resolution Professional (RP) sought to place on record a copy of W.P.(C) No. 5932/2026 filed by the suspended director, Mr. Sanjeev Mahajan, along with the Delhi High Court order dated 30.04.2026 stating that the Court was not inclined to grant any interim relief without hearing the respondent. The documents were taken on record and the application was disposed of.
In New IA/2921/2026, the RP sought to place on record Transfer Application No. 28 of 2026 filed by the suspended director before the Principal Bench, NCLT, seeking transfer of the main insolvency proceedings. Since the transfer application had already been rejected with costs by order dated 05.06.2026, the documents were taken on record and the application was disposed of.
In New IA/3001/2026, filed under Rule 11 of the NCLT Rules, 2016, the suspended director sought to bring additional facts and documents on record, including Transfer Application No. 33 of 2026 and a prayer requesting the Tribunal to take judicial notice of its contents, pendency and reservation for orders. The Tribunal allowed the request to place the transfer application on record but questioned the purpose of the prayer relating to judicial notice. It observed that the applicant clarified the prayer was not based on Sections 56 and 57 of the Indian Evidence Act, 1872, and held that the inclusion of the prayer was not bona fide. As the transfer application was pending before the competent forum and reserved for orders, the Tribunal declined to comment further and deferred final consideration of the application until the transfer order was pronounced.
