Pranav B Prem

The National Company Law Appellate Tribunal (NCLAT), Principal Bench, New Delhi, has stayed the insolvency proceedings initiated against Bird Delhi General Aviation Services Pvt. Ltd. after its suspended Director offered to deposit ₹1.09 crore—double the operational creditor’s claim of ₹54.03 lakh with 15% interest—to demonstrate the company’s bona fide intentions.

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The appeal was heard by a Bench comprising Justice Ashok Bhushan (Chairperson) and Barun Mitra (Technical Member). The application under Section 9 of the Insolvency and Bankruptcy Code was admitted by the NCLT, Chandigarh Bench on 7 November 2025. The corporate debtor’s alleged default dated back to February 2019, and the Interim Resolution Professional issued public announcements immediately after admission.

Challenging the admission order, the appellant—Gaurav Bhatia, suspended Director of the corporate debtor—submitted that the company is financially sound, with a turnover exceeding ₹50 crores, and is a fully operational aviation services entity. He also stressed that there existed a pre-existing dispute regarding reconciliation of accounts and liability, which was already pending before another forum. To show its bona fides, the appellant expressed readiness to deposit twice the claimed amount.

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During the hearing, the Tribunal recorded that the appellant had offered to deposit ₹1,09,10,000 without prejudice to his rights and contentions. Observing this, the Bench stated: “The Appellant having offered to deposit Rs. 1,09,10,000/- without prejudice to the rights and contentions of the Appellant, we are of the view that the Appellant has made ground for grant of interim relief.”

The NCLAT directed the appellant to deposit the amount through two separate bank drafts before the Pay & Accounts Officer, Ministry of Corporate Affairs, during the course of the day on 10 November 2025. Noting the presence of all respondents, the Tribunal dispensed with the need for issuing notices.

The Appellate Tribunal stayed the operation of the NCLT’s order dated 07 November 2025 and granted the respondents two weeks to file their reply, with the appellant permitted to file a rejoinder within one week thereafter. The matter has been listed for further hearing on 10 December 2025.

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The NCLAT stayed the NCLT’s admission order after the suspended Director offered to deposit double the claimed dues. The appeal has been listed for 10 December 2025, with directions for the parties to complete pleadings in the interim.

Appearance

For Appellant: Mr. Abhijeet Sinha, Sr. Advocate with Mr. Aseem Chaturvedi, Mr. Milind Jain, Mr. Kunal Mehta and Mr. Sidhant Kumar, Advocates.

For Respondents:                  -

Cause Title: Gaurav Bhatia, Suspended Director of Bird Delhi General Aviation Services Pvt. Ltd. (Formerly Known as Bird Execujet Airport Services Pvt. Ltd.) v. Martin Consulting LLC & Ors.

Case No: Comp. App. (AT) (Ins) No. 1712 of 2025

Coram: Justice Ashok Bhushan (Chairperson), Barun Mitra (Technical Member)