Distinct adjudication of companies facing separate legal proceedings is necessary to avoid confusion in insolvency matters.

IN THE NATIONAL COMPANY LAW TRIBUNAL: NEW DELHI

SINGLE PRINCIPAL BENCH

ITEM No. 10

TA(IBC)-30(PB)/2025 IN THE MATTER OF:

Mohit Baluja …. Petitioner/Applicant

Vs

Vineet Pasari …. Respondent

Order under Rule 16(d) of NCLT Rules, 2016.

Order delivered on 22.08.2025

CORAM:

JUSTICE RAMALINGAM SUDHAKAR

HON’BLE PRESIDENT

HYBRID HEARING (PHYSICAL & VC)

PRESENT:

For the Applicant : Mr. Gaurav Rana, Advocate

For the Respondent : Mr. Vidhan Vyas, Syed Haider Shah, Advs. for R1

ORDER

1. The present Transfer application has been filed seeking

following reliefs:

“a) An order directing C.P. (IB) No.380/KB/2024 (Vineet Pasarivs Infigon Ventures Pvt. Ltd.) be transferred to Bench-I of the Hon'ble NCLT, Kolkata Bench, before which C.P No.127 of 2024 (Vineet Pasari vs Infigon Ventures Pvt. Ltd) and C.P No. 138 of 2024 (Mohit Baluja vs Infigon Ventures Pvt. Ltd and Ors.) is pending.

b) Ad-interim orders in terms of prayers above;

c) Such further order or orders be passed and/or direction or directions be given as this Hon'ble Tribunal

may deem fit and proper.”

2. The present Transfer Applications i.e. TA(IBC)-30(PB)/2025 has been filed by Mr. Mohit Baluja under Rule l6 (d) of the National Company Law Tribunal Rules, 2016 read with Rule 11 of the National Company Law Tribunal Rules, 2016 seeking transfer of the C.P. (IB) No.380/KB/2024 titled as Vineet Pasari vs Infigon Ventures Pvt. Ltd. to Bench-I of the Hon'ble NCLT, Kolkata Bench.

3. Heard, Ld. Counsel Mr. Gaurav Rana for the Applicant and Ld. Counsel for the Respondent no. 1.

4. The brief fact of the case resulting in the filing of the present transfer applications is as follows. It is stated by Ld. Counsel for the applicant that a petition under Section 241- 242 of the Companies Act, 2013 was filed by Vineet Pasari one of the shareholder of R-2 Company before Kolkata Bench numbered as C.P. No. 127 of 2024, which was listed and heard by Court I, NCLT, Kolkata.

5. Further another petition under Section 241-242 of the Companies Act, 2013 was filed by the Applicant herein before the Kolkata Bench numbered as C.P. No. 138 of 2024 (Mohit Baluja vs Infigon Ventures Pvt. Ltd. & Ors.) which was listed and heard by Court II, NCLT, Kolkata. Thereafter a transfer application was filed by the applicant before the this Adjudicating Authority numbered as TA(Co. Act) 23(PB)/2024 (Mohit Baluja Vs Infigon Ventures Private Limited & Ors) seeking transfer and tagging of C.P No. 138 of 2024 with C.P No. 127 of 2024 for hearing and adjudication of both the matters by one Bench of the Hon'ble National Company Law Tribunal, Kolkata Bench I.

6. This Adjudicating Authority allowed the Transfer Application vide order dated 12.07.2024 and C.P No. 138 of 2024 pending before court II of the NCLT Kolkata Bench was transferred to Court I. At present, effectively, both the cases i.e. C.P. No. 127 of 2024 and C.P. No. 138 of 2024 are pending before Court-I, NCLT, Kolkata.

7. In the meanwhile, it is stated a Section 7 petition has been filed before NCLT, Kolkata bearing Company Petition No. (IB)380/KB/2024 titled as Vineet Pasari vs M/s Infigon Ventures Pvt. Ltd., & Ors., on account of underlying debt and default, which is listed and pending adjudication before Court-II, NCLT, Kolkata. In light of the above, factual matrix, the applicant seeks states that the two Company Petitions pending before NCLT Kolkata, Court-I, is intrinsically linked and connected, and is material for proper adjudication of the insolvency petition. Therefore, the applicant seek transfer of the Company Petition No. (IB)380/KB/2024 from Court, II to Court-1 NCLT, Kolkata where other matters filed under Section 241-242 of the Companies Act, 2013 are pending adjudication.

8. Notice in the application was issued on 27.05.2025 and the Reply was filed by the Respondent on 21.07.2025.

9. Heard Ld. Counsels appearing on both the side. Having considered the arguments, I am not inclined to order the transfer of the Section 7 case bearing Company Petition No. 380/KB/2024 from Court-II, NCLT,