Unoxpress Mobility Pvt. Ltd. Through Its Authorized Representative Sh. Avinash Kumar vs Mr. Keshav Khaneja Resolution Professional Of Gensol Ev Lease Limited

Court: National Company Law Appellate Tribunal
Case type: Company Appeal(AT)(Ins)
Decided on: 12-03-2026

<div> NATIONAL COMPANY LAW APPELLATE TRIBUNAL, PRINCIPAL BENCH, NEW DELHI Company Appeal (AT) (Insolvency) No. 471 of 2026 In the matter of: Unoxpress Mobility Pvt. Ltd. ....Appellant Vs. Keshav Khaneja, Resolution Professional of Gensol EV Lease Ltd. …Respondent For Appellant Mr. Rachit Mittal, Mr. Yashraj Singh, Mr. Deepale Jhangeea, Mr. Kanishk Raj, Mr. Abhishek Sinha and Mr. Shivansh Bansal, Advocates. For Respondent ORDER (Hybrid Mode) 12.03.2026: Heard Learned Counsel for the Appellant and the Learned Counsel for the Respondent No.1. 2. This Appeal has been filed against the order dated 20.02.2026 passed by the Adjudicating Authority (National Company Law Tribunal) Division Bench, Court-1, Ahmedabad in IA No.1511(AHM)2025. The IA was filed by the Resolution Professional praying for following reliefs:- “11. In the light of the facts and circumstances stated herein above it is most humbly prayed that this Hon'ble Tribunal may be graciously please to: (i) To allow the present application; 2 (ii) To direct the Respondent to forthwith return the 150 EV Vehicles to the Applicant as per the list annexed in the application; (iii) To direct the Respondent to pay the outstanding dues which amounting to Rs. 1,14,21,876.00/- along-with all late payment charges, cost, etc. to the Applicant as per the master lease agreement dated 28.12.2023; (iv) Pass such other or further order / order(s) as may be deemed fit and proper in the facts and circumstances of the instant case. 12. Pending the hearing and final disposal of the present application, the applicant humbly prays that this Hon'ble Tribunal may be pleased to: (i) To issue interim directions for restraining the Respondent, his agents, employees or any third parties, from alienating, encumbering, transferring, creating third party rights over, or otherwise dealing with the leased vehicles/assets; (ii) To direct Respondent to disclose to the Applicant the present location of all the leased vehicles/assets; (iii) To direct the Respondent to allow and cooperate with the Applicant and/or its authorised representative and/or valuers to forthwith inspect the leased vehicles/assets and verify their condition; (iv) Ad interim relief in respect of prayers under para (i) to (iii) Company Appeal (AT) (Insolvency) No. 471 of 2026 3 (v) Pass such further interim order/order (s) as this Hon'ble Tribunal may deem fit and proper in the facts and circumstances of the instant case.” 3. The Appellant claim to have filed a reply to which rejoinder is also filed. Adjudicating Authority by the impugned order has directed the matter to be listed for further consideration on 17.03.2026 and has further directed that the Respondent (Appellant herein) to expedite the process and ensure complete handover of the vehicles, as undertaken, on or before the next date of hearing and further Respondent is also directed to clear the outstanding lease rentals for the period of default and to pay charges for continued usage of the vehicles till the date of actual handover. 4. The grievance of the Appellant is that Appellant has filed a reply to the application where claim of the Appellant was also stated and without adverting to the said reply, direction has been issued which is finally allowed the application. 5. Counsel for the Respondent submits that the vehicles are not being handed over to the Resolution Professional and although the payments are received by the Appellant from the vendors but payments have not been made. 6. We have heard Counsel for the parties and perused the record. The order which was passed by the Adjudicating Authority on 20.02.2026 is interim in nature. Since the Court has already directed for list the matter for further consideration on 17.03.2026, we are of the view that it is open for the Appellant to raise its pleas and submissions when the matter is heard on the Company Appeal (AT) (Insolvency) No. 471 of 2026 4 next date i.e. on 17.03.2026. We are not inclined to enter into the issues raised by the parties in this Appeal. 7. With the above observations, we dispose of the Appeal. [Justice Ashok Bhushan] Chairperson [Barun Mitra] Member (Technical) Anjali/md Company Appeal (AT) (Insolvency) No. 471 of 2026 </div>