DIVISION BENCH ITEM NO.5

NATIONAL COMPANY LAW TRIBUNAL

ALLAHABAD BENCH

PRAYAGRAJ

IA No.862/2025 IN CP (IB) No.61/ALD/2025

CORAM:

1. SH. PRAVEEN GUPTA,

HON’BLE MEMBER (JUDICIAL)

2. SH. ASHISH VERMA,

HON’BLE MEMBER (TECHNICAL)

Date of Order: 12^th December, 2025

Attendance-Cum-Order Sheet of the Hearing.

NAME OF THE COMPANY EMMVEE PHOTOVOLTAIC

POWER LTD. V/S BUNDELKHAND

SAUR URJA LIMITED

UNDER SECTION 9 IBC

COUNSEL APPEARED THROUGH PHYSICAL/ VIRTUAL HEARING:

Sh. Neeraj Malhotra, Sr. Adv. assisted by : For the Operational Creditor

Sh. Sukrit R. Kapoor & Sh. Sushant Chandra, Advs.

Sh. Anurag Khanna, Sr. Adv. assisted by : For the Corporate Debtor

Sh. Prashant Ranjan, Advs.

ORDER

IA No.862/2025

1. This application has been filed interalia seeking the following prayers :-

1. Close the right of the Respondent/Corporate Debtor to file the affidavit as directed vide order dated 18.11.2025 in CP (IB)

No.61/ALD/2025; and

2. Pass such further or other orders as this Hon'ble Tribunal may deem fit and proper in the facts and circumstances of the present case, in the

interest of justice.

2. Ld. Sr. Counsels representing both the parties refer to the order dated

18.11.2025 passed by this Adjudicating Authority to the following effect :-

1. Ld. Sr. Counsel representing the Corporate Debtor states that he is already in the receipt of the copy of the rejoinder filed on behalf of the Operational Creditor, and therefore he seeks a short accommodation to file the affidavit, which according to him, has become necessary after receiving the rejoinder filed by the Operational Creditor giving some new facts.

2. Ld. Sr. Counsel representing the Operational Creditor has made his preliminary submission on the merit of the matter.

3. Let the affidavit be filed by the Corporate Debtor as prayed for, preferably within a period of two weeks by serving an advance copy to the other side.

4. The Operational Creditor would also be at liberty to file the objections, if so necessary, or to make the oral submissions during the course of the arguments.

3. Ld. Sr. Counsel representing the Applicant states that in terms of the order dated 18.11.2025 and also in view of the fact that the matter is coming up for final hearing on 07.01.2026, the right of the respondent/ corporate debtor to file the affidavit is contemplated in the order dated 18.11.2025 may be directed to be closed.

4. Ld. Sr. Counsel representing the non-applicant/ respondent/ corporate debtor on the other hand submits that the respondent/ corporate debtor is a government agency and the affidavit is under preparation, whereby some documents are to be attached, which are necessary for the proper adjudication of the present matter. He further submits that since the matter is coming up for hearing on 07.01.2026, therefore he may be permitted the time until 23.12.2025 to file the said affidavit and serve the advance copy thereof to the other side.

5. In view of the statement so made by the Ld. Sr. Counsel representing the non-applicant/ respondent/ corporate debtor, we deem it appropriate to dispose off the present application to direct the non-applicant/ respondent/ corporate debtor to file the said affidavit positively on or before 23.12.2025 by serving an advance copy to the other side, so that any response if at all to be filed by the Applicant, be also filed before the next date of hearing already fixed in the matter being 07.01.2026.

6. IA No.862/2025 stands disposed off accordingly in the aforesaid terms. 7. Let the matter be put up on 7^th January, 2026, i.e. the date already fixed.

-Sd- -Sd-

(Ashish Verma) (Praveen Gupta)

Member (Technical) Member (Judicial)

12^th December, 2025 Kavya Prakash Srivastava (Stenographer)