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2026 DAILYLAW 16725 (GAU)

SADGURU ENGINEERS AND ALLIED SERVICES PVT. LTD. v. YOJANA BAJORIA AND ORS

I.A.(Civil)/3708/2026 · 2026-10-12

Arun Dev Choudhury

Writ Petition (Civil)body2026

Judgment text

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Page No.# 1/4 GAHC010231812026 2026:GAU-AS:15482 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/3708/2026 SADGURU ENGINEERS AND ALLIED SERVICES PVT. LTD. A COMPANY INCORPORATED UNDER THE COMPANIES ACT 1956 AND EXISTING UNDER THE COMPANIES ACT 2013 HAVING ITS REGISTERED OFFICE AT HANUMAN TOWEER 406 4TH FLOOR SATI JAYMATI ROAD ATHGAON GUWAHATI KAMRUP METRO ASSAM 781001 REPRESENTED HEREIN THROUGH ITS DIRECTOR, MR. MUKESH JALAN VERSUS YOJANA BAJORIA AND ORS WIFE OF RAJESH BAJORIA RESIDENT OF B 3 KAILASK APARTMENT HS ROAD PALTAN BAZAR REHABARI KAMRUP METRO ASSAM GUWAHATI 781008 ASSAM BEING THE FINANCIAL CREDITOR APPLICANT IN CP IB/11/GB/2026 2:NATIONAL COMPANY LAW TRIBUNAL GUWAHATI BENCH THROUGH ITS REGISTRAR HAVING ITS OFFICE AT 1ST FLOOR BSNL BHAWAN BUILDING ANANDA RAM BARUAH ROAD PAN BAZAR GUWAHATI 781001 PAN BAZAR GUWAHATI 781001 ASSAM BEING THE ADJUDICATING AUTHORITY WHICH HAS PASSED THE ORDER IMPUGNED HEREIN 3:UNION OF INDIA REPRESENTED BY THE SECRETARY TO THE GOVT OF INDIA MKINISTRY OF CORPORATE AFFAIRS SHASTRI BHAWAN DR RAJENDRA PRASAD BHAWAN DR RAJENDRA PRASAD ROAD NEW DELHI 110001 BEING THE AUTHORITY RESPONSIBLE FOR ADMINISTRATION OF THE INSOLVENCY AND BANKRUPTCY CODE 216 AND CONSTITUTION OF THE NATIONAL CO. LAW TRIBUNA Advocate for the Petitioner : DR. ASHOK SARAF, MR. A. KAUSHIK,MR P K BORA,MR. N N DUTTA,MR P BARUAH Page No.# 2/4 Advocate for the Respondent : SC, C.G.C., Linked Case : WP(C)/5086/2026 SADGURU ENGINEERS AND ALLIED SERVICES PVT LTD A COMPANY INCORPORATED UNDER THE COMPANIES ACT 1956 AND EXISTING UNDER THE COMPANIES ACT 2013 HAVING ITS REGISTERED OFFICE AT HANUMAN TOWER 406 4TH FLOOR SATI JAYMATI ROAD ATHGAON GUWAHATI KAMRUP METRO ASSAM 781001 REPRESENTED HEREIN THROUGH ITS DIRECTOR MR MUKESH JALAN VERSUS YOJANA BAJORIA AND 2 ORS WIFE OF RAJESH BAJORIA RESIDENT OF B 3 KAILASH APARTMENT HS ROAD PALTAN BAZAR REHABARI KAMRUP METRO ASSAM GUWAHATI 781008 ASSAM BEING THE FINANCIAL CREDITOR APPLICANT IN CP(IB)/11/GB/2026 2:NATIONAL COMPANY LAW TRIBUNAL GUWAHATI BENCH THROUGH ITS REGISTRAR HAVING ITS OFFICE AT 1ST FLOOR BSNL BHAWAN BUILDING ANANDA RAM BARUAH ROAD PAN BAZAR GUWAHATI 781001 ASSAM BEING THE ADJUDICATING AUTHORITY WHICH HAS PASSED THE ORDER IMPUGNED HEREIN 3:UNION OF INDIA REPRESENTED BY THE SECRETARY TO THE GOVT OF INDIA MINISTRY OF CORPORATE AFFAIRS SHASTRI BHAWAN DR RAJENDRA PRASAD ROAD NEW DELHI 110001 BEING THE AUTHORITY RESPONSIBLE FOR ADMINISTRATION OF THE INSOLVENCY AND BANKRUPTCY CODE 2016 AND CONSTITUTION OF THE NATIONAL COMPANY LAW TRIBUNAL. ------------ Advocate for : DR. ASHOK SARAF Advocate for : DY.S.G.I. appearing for YOJANA BAJORIA AND 2 ORS Page No.# 3/4 BEFORE HON’BLE MR. JUSTICE ARUN DEV CHOUDHURY ORDER 13-10-2026 1. The present interlocutory application is filed for continuance of the interim protection granted earlier to the petitioner by a Co-ordinate Bench under its order dated 18.09.2026 in the writ petition. 2. By the aforesaid order, the following interim protection was granted: “Considering the projections made by the learned Senior counsel for the petitioner, and also appreciating the directions passed by the Co-ordinate Bench of this Court, in the WP(C) No. 4925/2026, this Court provides that, till the next date of listing, while it would be permissible for the learned Tribunal to proceed with the hearing of the matter of CP(IB)/11/GB/2026, no final order(s) be passed, thereon. Further directions, as would be mandated in the matter, would be so passed on appearance of the respondent Nos. 1 and 2, in the present proceedings.” 3. When the matter was listed on 07.10.2026, upon completion of service, this Court directed that the matter be listed on 20.11.2026 in the ‘Admission’ column. However, no effective order was passed for continuance of the interim order dated 18.09.2026, as quoted hereinabove. 4. Accordingly, the present Interlocutory Application is filed. 5. Taking note of the fact that no affidavit has been filed, the interim order shall Page No.# 4/4 continue subject to the fact that no order has in the meantime been passed by the learned Tribunal. 6. Accordingly, the interlocutory application stands disposed of. 7. List WP(C) No.5086/2026 on 20.11.2026. JUDGE Comparing Assistant