NCLAT Rejects Stay On Asset Freeze Order Against Gensol Group

The National Company Law Appellate Tribunal (NCLAT) on Wednesday refused to stay the National Company Law Tribunal’s (NCLT) order to freeze the assets of Gensol, its promoters, and associated entities.
The appellate tribunal directed two Gensol Group companies—BluSmart Premium Feet and Matrix Gas and Renewable—to approach the Ahmedabad bench of the NCLT with their plea. The matter is scheduled for hearing on June 12.
The asset freeze order was initially passed by a vacation bench of the NCLT on 28 May, following a petition filed by the Ministry of Corporate Affairs (MCA). The order covered Gensol Engineering, its ten subsidiaries, promoters, and related individuals.
BluSmart Premium Feet, which operates the electric vehicle ride-hailing service BluSmart Mobility, and Matrix Gas and Renewable, involved in natural gas aggregation and green hydrogen infrastructure, had sought an immediate stay on the NCLT order. They argued that the NCLT passed the asset freeze without granting them a proper hearing, which they claimed was against procedural norms.
However, MCA officials opposed their plea, citing serious allegations of fraudulent conduct against Gensol and related entities. These include diversion of company funds by promoters, violations of corporate governance norms, financial statement manipulation, defaults on loan repayments despite false declarations, and illegal disposal of company assets.
The NCLT order referenced investigation reports and regulatory findings from the MCA, Securities and Exchange Board of India (SEBI), and the Serious Fraud Investigation Office, which prima facie support claims of systemic fraud affecting public interest.
During the NCLAT proceedings, the appellants requested an advancement of the hearing date, expressing concerns that the asset freeze could hinder payment of salaries and ongoing expenses. The MCA’s Director General assured the tribunal that the government was considering this aspect.
The NCLAT disposed of the appeals, requesting the NCLT to treat the appeals as applications for vacation of the stay granted in the earlier order, while keeping all submissions open for the June 12 hearing.

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