Keshav Khaneja RP of Gensol EV Leasa Limited Vs Omega Seiki Mobility Pvt. Ltd. (NCLT Ahmedabad)
The Interlocutory Application was filed by the Resolution Professional of the Corporate Debtor under Section 60(5) of the Insolvency and Bankruptcy Code, 2016 read with Rule 11 of the National Company Law Tribunal Rules, 2016 seeking directions for return of 150 leased electric vehicles, recovery of outstanding lease dues of ₹1,14,21,876 together with applicable charges, and interim protection against alienation of the vehicles.
The Corporate Debtor, engaged in leasing electric vehicles, had entered into Master Lease Agreements dated 28.12.2023 and 30.07.2024 with the Respondent for leasing EV vehicles while retaining ownership. According to the Resolution Professional, after commencement of the Corporate Insolvency Resolution Process (CIRP), the Respondent was informed of his appointment on 01.08.2025 and was called upon to clear outstanding lease rentals and fleet management charges. The Respondent acknowledged outstanding dues and sought time to make payment but, despite repeated reminders, did not clear the dues. The Resolution Professional thereafter issued legal notices demanding return of the leased vehicles and a final demand notice claiming outstanding dues of ₹1,14,21,876 as of November 2025. The Resolution Professional alleged that the Respondent neither returned the vehicles nor disclosed their whereabouts, thereby preventing him from taking control and custody of assets belonging to the Corporate Debtor as required under Sections 18(f) and 25(2)(a) of the Insolvency and Bankruptcy Code, 2016.
