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2026 Supreme(Online)(NCLT) 4890

NATIONAL COMPANY LAW TRIBUNAL COURT ROOM NO. 1 MUMBAI BENCH


Item No. 11

IA (I.B.C)/2656(MB)2026 IA(I.B.C)/2678( MB)2026 IA(I.B.C)/2745( MB)2026 IN C.P. (IB)/4072(MB)2019


CORAM: SH. PRABHAT KUMAR HON’BLE MEMBER (TECHNICAL)

SH. SUSHIL MAHADEORAO KOCHEY HON’BLE MEMBER (JUDICIAL)


ORDER SHEET OF THE HEARING ON 21.07.2026


NAME OF THE PARTIES: IDBI BANK LIMITED VS POWERDEAL ENERGY SYSTEMS INDIA PRIVATE LIMITED


Section 7 & 60(5) of the Insolvency and Bankruptcy Code, 2016


Sd/-

PRABHAT KUMAR


MEMBER (TECHNICAL)


Sd/-

SUSHIL MAHADEORAO KOCHEY


MEMBER (JUDICIAL)


Shubham Bide

ORDER

Adv. Nausher Kohli a/w Adv. Abha Patel for the SRA / Applicant in IA 2778/2026 are present.

Adv. Rohit Gupta a/w Adv. Gaurav Jalendra for the Resolution Professional in 2656/2026 & 2745/2026 are present.

Adv. Amey Shejwal for Respondent Nos. 1 & 2 in IA 2745 of 2026.

Adv. Shubhankar Avhad for Respondent Nos. 1 & 2 in IA 2678/2026 and IA 2656/2026.

IA(I.B.C)/2656(MB)2026 & IA(I.B.C)/2678(MB)2026

1. The Application IA (I.B.C)/2656(MB)2026 has been filed on 23.06.2026 by Mr. Dhaval Jiterndrakumar Mistry, Chairperson of Monitoring Committee (“MC Chairman”) of Powerdeal Energy System (India) Private Limited (“Corporate Debtor”), under Section 60(5) r/w Section 74(2) of the Insolvency and Bankruptcy Code, 2016 (“IBC”) r/w Rule 11 of the NCLT, Rules, 2016 seeking the following reliefs :

a. Direct Respondent Nos. 1 and 2 to forthwith comply with the consent order dated 09.04.2026 passed by this Hon’ble Tribunal and hand over vacant, peaceful and physical possession of the properties assets forming part of the custody and control of the Corporate Debtor, including the properties illegally re-entered or occupied by Respondent Nos. 1 and 2 after commencement of the CIRP, to the Applicant for the purpose of implementation of the approved Resolution Plan.

b. In the event Respondent Nos. 1 and 2 fail to comply with the aforesaid directions within such time as may be stipulated by this Hon’ble Tribunal, direct Respondent No. 3 and 4, being the concerned Police Authority/Police Station, to provide necessary police protection and assistance to the Applicant to take possession of the assets mentioned in para 5 of the present application and hand over the same to the Successful Resolution Applicant.

c. Direct the Suspended Board of Directors and ex-promoters of the Corporate Debtor, including Mr. Mahesh Khairnar, and persons acting under their instructions, to immediately cease and desist from interfering with the implementation of the approved Resolution Plan of the Corporate Debtor;

d. Initiate appropriate proceedings against Respondent No. 1 and 2 for wilful contravention of the approved Resolution Plan in terms of Section 74(2) of the Insolvency and Bankruptcy Code, 2016;

2. IA (I.B.C)/2678(MB)2026 has been filed on 26.06.2026 by Mr.Bhupendra Shantilal Shah, the Successful Resolution Applicant (“SRA”) of Corporate Debtor, under Section 60(5) r/w Sections 31 and 32A of IBC seeking the following reliefs :

a. pending hearing and final disposal of the present Application, direct the Respondents No. 1 and 2 to disclose on affidavit all movable assets, machinery, inventory, records and documents removed from the premises after commencement of CIRP;

b. pending hearing and final disposal of the present Application, direct the Respondents No. 1 and 2 to restore and return of all assets removed from the premises, if any;

c. pending hearing and final disposal of the present Application, restrain Respondents No. 1 and 2 from creating any third-party rights, encumbrances, licenses, tenancies or interests in respect of any asset forming part of the approved Resolution Plan;

d. allow the present Application;

e. direct the Respondents No. 1 and 2 to forthwith cease and desist from obstructing implementation of the approved Resolution Plan;

f. direct immediate handover of peaceful, vacant and uninterrupted possession of all assets forming part of the approved Resolution Plan, including the Vilholi Land;

g. direct the Superintendent of Police, Nashik, Commissioner of Police, Nashik and concerned local police authorities to provide adequate police protection and assistance for securing possession and implementation at a specified date and time;

h. permit the Applicant, Monitoring Committee and/or their authorized representatives to enter upon, secure, inventory and take physical possession of all assets covered by the Resolution Plan.

i. direct the Respondents to cooperate in all conveyance and transfer documentation relating to the

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