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    NCLAT asks Gensol entities BluSmart and Matrix to approach NCLT on asset freeze

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    Synopsis

    The NCLAT declined to immediately stay the NCLT's order freezing Gensol's assets, directing BluSmart and Matrix Gas to appeal to the Ahmedabad NCLT bench. The NCLT's initial order stemmed from allegations of fraud and fund diversion, prompting the asset freeze to protect public interest. NCLAT has requested NCLT to treat appeals as applications for vacation of stay.

    RBI reviews e-wallets of EV players after BluSmart goes bustAgencies
    Insolvency appellate tribunal Gensol, its promoters, and related entities.

    It has directed two Gensol Group entities -- Matrix Gas and Renewable -- to approach the Ahmedabad bench of the National Company Law Tribunal (NCLT) with their plea, where the matter has been listed for hearing on June 12.

    ing an order on the plea by the Ministry of Corporate Affairs, a vacation bench of the NCLT had on May 28 directed to freeze assets of Gensol, its promoters, and related entities.

    The two Gensol Group entities approached the National Company Law Appellate Tribunal (NCLAT), challenging the order and seeking an immediate stay on the orders ed by the NCLT.

    They had contended that NCLT ed the order on May 28 without giving them a proper hearing, which is against the rules.

    BluSmart provides electric vehicle ride-hailing service BluSmart Mobility, while Matrix Gas and Renewable is a natural gas aggregation and green hydrogen infrastructure development company.

    However, their plea was opposed by MCA officials during the proceedings.

    They submitted that there are specific allegations in the petition filed before the NCLT by the government and such allegations have been duly considered by the tribunal while ing the order.

    The companies also contended that the matter is now listed before the NCLT for hearing on June 12.

    Requesting for advancing of the date, the appellants submitted that the asset freeze may cause hardship as payment of salaries and other running expenses will be due.

    On this, the DG, appearing on behalf of the MCA, submitted that the government is also looking into this aspect.

    Observing this, the NCLAT said, "In view of the above, we dispose of these two appeals by requesting the NCLT to treat these two appeals as applications of the appellants for vacation of stay granted vide order dated May 28, 2025 and its consequent orders; while keeping open all the submissions which may be made before the NCLT by either parties."

    Earlier on May 28, the NCLT had permitted the central government to freeze the bank s and lockers of Gensol Engineering, its 10 subsidiaries, and several individuals.

    "On perusal of the materials placed on record, this Tribunal notes serious allegations of fraudulent conduct, including diversion of company funds by the promoters of Gensol Engineering (Respondent No. 1) and related entities, violation of corporate governance norms, manipulation of financial statements, default in loan repayments despite false declarations, and illegal alienation of company assets," the NCLT order said.

    The investigation reports and regulatory findings from the the MCA, Sebi, and Serious Fraud Investigation Office prima facie the government's claims of systemic fraud involving substantial public interest, it said.

    The NCLT had further said considering the emergent nature of the case, the substantial public interest involved, and the possibility of further dissipation of evidence or assets, it finds it "appropriate to grant exemption from advance service of the Company Petition" on the respondents.

    It permitted the MCA to proceed without serving advance copies of the company petition on the respondents.


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