IN THE NATIONAL COMPANY LAW TRIBUNAL: NEW DELHI

SINGLE PRINCIPAL BENCH

ITEM No. 05

TA (Co. Act)-14(PB)/2025

IN THE MATTER OF:

M/s HSB Agro Industries Pvt. Ltd. …. Petitioner

Vs

Mr. Maliram Bilwal …. Respondent

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

Order delivered on 05.12.2025

CORAM:

JUSTICE RAMALINGAM SUDHAKAR

HON’BLE PRESIDENT

HYBRID HEARING (PHYSICAL & VC)

PRESENT:

For the Applicant : Appearance not marked (VC)

For the Respondent : Mr. M. L. Sharma, Adv. for R-3

ORDER

1. The present transfer applicant i.e. M/s HSB Agro Industries

Pvt. Ltd. filed TA (Co. Act)-14(PB)/2025 under Rule l6(d) of the National Company Law Tribunal Rules, 2016, seeking transfer of the CP No. 23(ND) of 2017; Restoration Applications bearing no. RSTA. No. 63(ND) of 2023 titled a Mr. Mali Ram Bilwaland ors. vs. M/s HSB Agro Industries Pvt. Ltd. and ors. along with the relevant records/files, which was filed and pending before Court-IV, NCLT, New Delhi to the NCLT Bench at Jaipur, as the Applicant is registered with the ROC Jaipur. The prayer of this transfer application reads as

follows:

“a) Allow the present application for transfer of the Company Petition No. 23 (ND) of 2017 and Restoration Applications bearing no. RST.A. No. 63 (ND) of 2023 alongwith the relevant records/files to the Ld. NCLT

Bench at Jaipur having the jurisdiction as Applicant is registered with ROC at Jaipur;

b) Pass any other or further order as this Hon'ble Tribunal may deem fit and proper.”

2. Ld. Counsel on behalf of the Applicant appeared through VC. 3. Ld. Counsel Mr. M. L. Sharma appeared on behalf of the Respondent No. 3.

4. In light of the order dated 16.10.2025 passed by the Hon’ble High Court of Gujarat in R/Special Civil Application No. 11679 of 2024, more particularly para-16 of the order, this present transfer application cannot be adjudicated. The relevant portion of that order is extracted below:

“[16] On a perusal of Rule 16(d) of the NCLT Rules, 2016, it becomes clear that the Rule defines the powers and functions of the President, Registrar, and Secretary. Under this provision, the President has the authority to transfer cases from one Bench to another within the same Tribunal when circumstances so require. However, the Rule does not confer any power to transfer a case beyond the territorial jurisdiction of a particular Bench. In other words, the President’s authority to transfer matters is confined to Benches falling within the same territorial limits.

In the present case, the NCLT, New Delhi, while acting on the administrative side, has committed a serious error by transferring the cases from the NCLT, Ahmedabad, to the NCLT, Mumbai. The President of the NCLT has no administrative power to alter or extend the territorial jurisdiction of any Bench. Such an administrative decision directly affecting pending judicial proceedings is, therefore, subject to judicial review. Accordingly, the orders dated 6th June 2024 and 10th February 2025 passed by the NCLT, New Delhi, on the administrative side, are without any legal authority and are liable to be quashed and set aside.

Moreover, since the issue of transfer of these petitions was already pending before the NCLT, New Delhi, on the judicial side, the exercise of administrative powers in this manner has rendered those proceedings ineffective, which further fortifies the impropriety of the orders.

I answer the question No.(ii) accordingly.”

5. In view of the above, the request for transfer of the petition bearing CP No. 23(ND) of 2017 and Restoration Applications bearing no. RST.A.No. 63(ND) of 2023 from Court-IV, NCLT, New Delhi to the NCLT Bench at Jaipur cannot be considered.

6. Accordingly, the TA (Co. Act)- 14(PB)/2025 stands closed.

-sd-

(RAMALINGAM SUDHAKAR)

PRESIDENT Dipak-05.12.2025