Anuj Goyal vs National Company Law Tribunal, New Delhi And Ors. T Hrough Registrar

$~23
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 17.06.2026
+ W.P.(C) 8240/2026, CM APPL. 39006/2026 & CM APPL.
39007/2026

ANUJ GOYAL …..Petitioner
Through: Ms. Pooja M. Saigal, Sr. Adv. with
Ms. Mahima Ahuja, Mr. Ankit Mittal
& Ms. Isha Virmani, Advs.
Versus

NATIONAL COMPANY LAW TRIBUNAL, NEW DELHI AND
ORS. T HROUGH REGISTRAR …..Respondent
Through: Mr. Atul V. Sood, Mr. Arora Vishwas
Kumar & Mr. Rohan Sood, Advs. for
R-3.
Mr. Arvind Nayar, Sr. Adv. with Mr.
Surjeet, Mr. Aditya Soni & Mr. Khan
Ahmed Darvesh, Advs. for R-4.


CORAM:
HON’BLE MR. JUSTICE TEJAS KARIA
TEJAS KARIA, J. ( ORAL )

1. The present Writ Petition has been filed under Articles 226 and 227 of
the Constitution of India, 1950 (“ Constitution ”), seeking the following
prayers.
“ a) Issue an appropriate writ, order or direction directing
Respondent No. 1 to place the matter before a competent bench
for hearing and disposal of Petitioner’s Urgent/Early Hearing
Application and TA (IBC) No. 30(PB)/2026 before any final
W.P.(C) 8240/2026 Page 1 of 7
Signature Not Verified
Signed By:GANGA
SINGH RAWAT
Signing Date:19.06.2026
07:35

order in any of the pending Interlocutory Applications is
pronounced by Ld. NCLT, Chd bench in relation to C.P. (IB)
NO. 248/CHD/2019;
In the alternative
Direct Respondent No. 2 to maintain status quo in relation to
C.P. (IB) No. 248/CHD/2019 and not to take up, hear, reserve
orders in, pronounce orders in, or otherwise proceed with any
pending Interlocutory Applications, including the Resolution
Plan Approval Application, till 17.07.2026 i.e. the date fixed
for hearing the Transfer Application being TA (IBC) No.
30(PB)/2026. ”

2. The Petitioner, Mr. Anuj Goyal, is an allottee / homebuyer in the
project, Chandigarh Overseas Private Limited (“ Corporate Debtor ”), and is
a member of the Committee of Creditors (“ CoC ”) constituted in the
Corporate Insolvency Resolution Process (“ CIRP ”) of the Corporate
Debtor, presently pending in C.P. (IB) No. 248/CHD/2019 (“ Insolvency
Proceeding ”).
3. Kone Elevators India Private Limited filed an application under
Section 9 of the Insolvency and Bankruptcy Code, 2016 (“ IBC ”), and
Respondent No. 2 passed the order dated 27.02.2023 directing
commencement of the CIRP in respect of the Corporate Debtor and Mr.
Arvind Kumar was appointed as the Interim Resolution Professional
(“ IRP ”). The Disciplinary Committee of the Insolvency and Bankruptcy
Board of India (“ IBBI ”) passed a significant disciplinary order against the
erstwhile IRP, suspending his registration as an Insolvency Professional /
Resolution Professional for a period of two years.
4. The Insolvency Proceedings have been continuing before Respondent
No. 2 and a Resolution Plan has been approved by the CoC and an
W.P.(C) 8240/2026 Page 2 of 7
Signature Not Verified
Signed By:GANGA
SINGH RAWAT
Signing Date:19.06.2026
07:35

application being IA(IBC)(PLAN)/6(CH) 2024, has been filed seeking
approval of the Resolution Plan. On 08.06.2026, the Petitioner filed TA
(IBC) No. 30(PB)/2026 (“ Transfer Application ”), before the National
Company Law Tribunal (“ NCLT ”), Principal Bench at New Delhi, under
Section 419 of the Companies Act, 2013, read with Rules 11 and 16(d) of
the National Company Law Tribunal Rules, 2016, seeking transfer of the
Insolvency Proceedings from Respondent No. 2 to Respondent No. 1, along
with a prayer for an ex-parte ad-interim stay on the Insolvency Proceedings
pending disposal of the Transfer Application. Respondent No. 2 vide order
dated 09.06.2026 reserved orders in the Application for approval of the
proposed Resolution Plan.
5. The Petitioner preferred an interim application before Respondent No.
2 seeking de-reserving of order dated 09.06.2026. On the same date, the
counsel for the Petitioner mentioned the application for urgent listing and
the same was allowed to be listed on 12.06.2026, however, the application
of the Petitioner was not listed and was mentioned again for listing. The
President, NCLT Principal Bench recused from hearing the Transfer
Application and the same was directed to be listed on 12.06.2026 before
NCLT, Court-III, New Delhi.
6. Respondent No. 1 vide order dated 12.06.2026, after some arguments,
directed the Petitioner to place on record order dated 09.06.2026 passed by
Respondent No. 2 and adjourned the Transfer Application to 17.07.2026.
The order dated 09.06.2026 passed by Respondent No. 2 was put on record
by the Petitioner on 13.06.2026 as soon as it was uploaded by Respondent
No. 2.
W.P.(C) 8240/2026 Page 3 of 7
Signature Not Verified
Signed By:GANGA
SINGH RAWAT
Signing Date:19.06.2026
07:35

7. The Petitioner vide email dated 14.06.2026 addressed to the learned
Registrar, NCLT Principal Bench requested constitution of a special bench
for early hearing of the Transfer Application inasmuch as if the Transfer
Application is not heard and Respondent No. 2 pronounces order in the
Application for approval of the Resolution Plan, the Transfer Application
would become infructuous. The request of the Petitioner seeking early
hearing of the Transfer Application has not been allowed as no bench is
constituted that can adjudicate the Transfer Application during vacations.
Hence, the Petitioner has filed the present Writ Petition.
8. The learned Senior Counsel for the Petitioner submitted that urgent
directions are required to be passed in the present Petition as the CIRP will
effect the rights of various homebuyers and the Transfer Application will
become infructuous if Respondent No. 2 pronounces the order with respect
to approval of the Resolution Plan for the Corporate Debtor. It was further
submitted that the Petitioner has been constrained to file the Transfer
Application as wrongful and inflated claims have been estimated by the
erstwhile IRP, who has been suspended by IBBI and remanded to the
custody of the Enforcement Directorate on various occasions and the CoC of
rd
the Corporate Debtor in its 33 meeting of the CoC recorded observation of
Audit Report evidencing misappropriation of funds by the erstwhile IRP in
the CIRP of the Corporate Debtor.
9. The learned Counsel for Respondent No. 3 submitted that it is the
Petitioner, who is causing problems in the Insolvency Proceedings and
adversely affecting the rights of the CoC and the home buyers by
approaching various forums in order to delay the Insolvency Proceedings.
W.P.(C) 8240/2026 Page 4 of 7
Signature Not Verified
Signed By:GANGA
SINGH RAWAT
Signing Date:19.06.2026
07:35

10. The learned Senior Counsel for Respondent No. 4 submitted that the
Writ Petition is not maintainable as the High Court shall exercise its
extraordinary jurisdiction under Articles 226 and 227 of the Constitution
sparingly and the directions sought by the Petitioner cannot be granted by
this Court exercising its jurisdiction under Articles 226 and 227 of the
Constitution.
11. We have heard the learned Counsel for the Parties.
12. The Petitioner has not challenged any order passed by Respondent
No. 1 or Respondent No. 2. Instead, the Petitioner seeks a direction to
Respondent No. 1 for early listing and disposal of the Transfer Application
before Respondent No. 2 pronounces orders in the Application seeking
approval of the Resolution Plan. In the alternative, the Petitioner seeks a
direction to Respondent No. 2 to maintain status quo in respect of the
Application for approval of the Resolution Plan until the Transfer
Application is adjudicated by Respondent No. 1.
13. Respondent No. 1 is a Tribunal presided over by its President, and the
constitution of a special Bench, as well as the listing of matters during the
vacation period, falls within the exclusive prerogative of the Hon’ble
President of Respondent No. 1. Instead of mentioning the matter or moving
an appropriate application before the Hon’ble President of Respondent
No. 1, the Petitioner has approached this Court seeking the directions set out
hereinabove.
14. Such directions against a Tribunal cannot be issued by this Court in
exercise of its writ jurisdiction. It is well settled that High Courts ought
ordinarily to refrain from invoking their extraordinary jurisdiction under
W.P.(C) 8240/2026 Page 5 of 7
Signature Not Verified
Signed By:GANGA
SINGH RAWAT
Signing Date:19.06.2026
07:35

Articles 226 and 227 of the Constitution where proceedings are pending
before the competent Tribunal.
15. This Court has been apprised that the Petitioner has already preferred
an appeal before the National Company Law Appellate Tribunal against the
order dated 09.06.2026 passed by Respondent No. 2. The Petitioner has,
therefore, availed of an alternative statutory remedy, wherein substantially
similar relief is sought. It also remains open to the Petitioner to move an
appropriate application before Respondent No. 1 seeking early hearing of
the Transfer Petition or to mention the matter before the Hon’ble President
of Respondent No. 1 for such urgent listing. Instead of availing the said
remedies, the Petitioner has invoked the writ jurisdiction of this Court by
way of the present Writ Petition, which is wholly misconceived.
16. In any event, the filing of the Transfer Petition appears to be an
afterthought, particularly since the Petitioner participated in the proceedings
before Respondent No. 2 and, thereafter, instituted the Transfer Petition at a
highly belated stage, long after commencement of the Insolvency
Proceedings. The present Writ Petition has, thereafter, been filed seeking
directions against Respondent Nos. 1 and 2. Such conduct amounts to forum
shopping, as the Petitioner has sought to approach multiple forums for
substantially identical reliefs.
17. By filing the present Petition, the Petitioner has abused the process of
law. Accordingly, none of the reliefs sought by the Petitioner can be granted
in the present Writ Petition.
18. The present Writ Petition is devoid of merit and is, accordingly,
dismissed with costs of ₹25,000/-, having regard to the conduct of the
W.P.(C) 8240/2026 Page 6 of 7
Signature Not Verified
Signed By:GANGA
SINGH RAWAT
Signing Date:19.06.2026
07:35

Petitioner in instituting multiple proceedings seeking substantially identical
reliefs and invoking the writ jurisdiction of this Court without first availing
the remedies available in law. The costs shall be paid by the Petitioner to the
Delhi High Court Bar Clerks’ Association (A/C No. 15530100006282, IFSC
Code: UCBA0001553) within a period of two weeks.
19. The Petition stands disposed of.


TEJAS KARIA, J
(VACATION JUDGE)
JUNE 17, 2026
AK

W.P.(C) 8240/2026 Page 7 of 7
Signature Not Verified
Signed By:GANGA
SINGH RAWAT
Signing Date:19.06.2026
07:35