IN THE NATIONAL COMPANY LAW TRIBUNAL: NEW DELHI

SINGLE PRINCIPAL BENCH

ITEM No. 07

TA (Co. Act)-57(PB)/2025

IN THE MATTER OF:

Rajneesh Gupta …. Petitioner

Vs

Essaar Coatings India Limited …. 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 : Mr. Akaant KM, Mr. Anant Singh, Mr. Abhishek

Sharma, Advs.

For the Respondent :

ORDER

1. The present transfer applicant i.e. Rajneesh Gupta filed

TA(Co. Act)-57(PB)/2025 under Rule l6(d) of the National Company Law Tribunal Rules, 2016, seeking transfer of CP No. 84(ND)/2010 (RT CP No.22/CHD/PB/2016) titled as Rajneesh Gupta vs Essaar Coatings India Limited together with all connected applications (including CONT.A/6(CH)2025; COMP.APPL/175(CH)2025; COMP.APPL/186(CH)2025; CA-applications; interlocutory applications; and all annexure), which was filed and pending before NCLT, Chandigarh Bench to the Principal Bench, NCLT, New Delhi. The prayer of this transfer

application reads as follows:

“a) Transfer the CP No. 84(ND)/2010 (RT CP No.22/CHD/PB/2016) together with all connected

applications (including CONT. A/6(CH)2025; COMP.APPL/175(CH)2025; COMP.APPL /186(CH)2025; CA-applications; interlocutory applications; and all annexure) from the Hon’ble NCLT, Chandigarh Bench to the Hon’ble Principal Bench, NCLT, New Delhi under Rule 16(d) read with Rule 11 of the NCLT Rules, 2016;

and/or, b) In the alternative to Prayer (a), provide directions that the present matter may be proceeded on a day-to-day basis, and should be concluded in a time-bound manner within a period of 6 months;

c) stay all further steps and proceedings before the Hon’ble NCLT, Chandigarh Bench in RT CP No.22/CHD/PB/2016 that could alter shareholding, encumber assets, or give effect to resolutions passed at any AGM (including but not limited to registration/implementation of any allotment, transfer, creation of charge / mortgage, discharge/alteration of title etc.) during the pendency of the hearing and final disposal of this Transfer Application and/or till the case is listed before the Principal Bench; and/o, d) Direct that status-quo as recorded in the CLB orders dated 01.10.2008 and 09.09.2010 be maintained and strictly enforced till final adjudication of the main Company Petition; and/or, e) Direct that any steps allegedly taken in contravention of the above status-quo (including registration of charges, allotments, or transfers) shall be kept in abeyance and not acted upon or registered in statutory records (e.g,, MCA) until further orders of this Tribunal /

Principal Bench.

d) Any other further order as this Hon'ble Tribunal may deem fit in the interest of justice.”

2. Ld. Counsel Mr. Anant Singh for the Applicant appeared through VC.

3. 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