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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
ANIRUDDHA P.MAYEE
Umang Haribhai Thakkar – Appellant
Versus
Dharmadev Infrastructure Limited – Respondent
JUDGMENT :
ANIRUDDHA P. MAYEE, J.
1. By the present writ petition, the petitioners are seeking an appropriate writ or order quashing and setting aside the impugned judgment dated 09.02.2026 passed by the respondent No.3 – National Company Law Tribunal, Ahmedabad [“NCLT” for short] in Company Petition No.417 of 2026 and IA No.45 of 2026.
2. Mr. Saurabh Soparkar, learned Senior Counsel for the petitioners submits that the Company petition No. 417 of 2026 and IA No.45 of 2026 came to be finally heard by the NCLT on 06.02.2026 and reserved for pronouncement of judgment. It is submitted that the written submissions also came to be filed by the respondent No.1. It is further submitted that when the daily cause list for 09.02.2026 came to be uploaded on the NCLT website on 07.02.2026, it did not reflect the listing of 417 of 2026 and IA No.45 of 2026 for pronouncement of the judgment. He submits that suddenly on 09.02.2026 in the morning, a separate list for pronouncement of the judgment came to be uploaded and the impugned judgment came to be pronounced without any proper intimation to the petitioners herein. He submits that such an action on the part of the NCLT has caused grave prejudice
The court affirmed the importance of procedural compliance under Rule 89 of the National Company Law Tribunal Rules, 2016, highlighting that failure to adhere to such rules affects litigants' rights ....
The right to present applications ceases once a matter is reserved for orders, reinforcing the principle that IBC proceedings are complete codes requiring cautious judicial intervention.
Appeal – Limitation stops running on e-filing of appeal before NCLAT and not on presentation of physical copy – Date on which limitation begins to run is intrinsically linked to date of pronouncement....
Condition precedent for invocation of Section 241(2) of the Act, which requires the Central Government to come to an opinion that the affairs of the company “are being conducted in a manner prejudici....
Delay in filing an appeal under the IBC cannot be excused based on lack of knowledge regarding the proceedings; Limitation must be strictly construed.
Restoration applications under Rule 48 of NCLT Rules are not maintainable when a petition is dismissed for non-prosecution and non-compliance with tribunal orders, emphasizing the court's lack of jur....
The court established that the NCLT must conduct a thorough examination of evidence in cases involving rectification of the Register of Members under the Companies Act, 2013.
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