
NCLAT allows Oswal Overseas to withdraw insolvency case after ₹2.8 crore settlement with creditor LH Sugar Factories. The tribunal modified its interim order to let the IRP collate claims and constitute the CoC while barring further steps until the NCLT decides the withdrawal application.
The National Company Law Appellate Tribunal has allowed Oswal Overseas to withdraw from insolvency proceedings after the company settled its debt with financial creditor LH Sugar Factories.
A joint application was moved before an NCLAT bench of Justice Mohammad Faiz Alam Khan and Naresh Salecha by both parties, who informed the tribunal of an amicable settlement. A demand draft for ₹2.80 crore has already been handed over to LH Sugar Factories, the tribunal was told.
"Now the financial debt so far as the Respondent No 1 (LH Sugar Factories) is concerned has been discharged in full and final," counsel for LH Sugar Factories told the NCLAT.
The parties submitted that an application under Section 12A of the Insolvency and Bankruptcy Code must be moved before the National Company Law Tribunal to initiate the formal withdrawal process. Under recent amendments to the IBC, the matter must also be placed before a Committee of Creditors, which can be constituted only after claims are collated.
The NCLAT modified its earlier interim order from June 8, 2026, which had restrained the Interim Resolution Professional from taking further steps. The tribunal now allows the IRP to verify and collate claims and constitute the CoC. It bars any further steps in the corporate insolvency resolution process – including the invitation of Expressions of Interest – until the NCLT decides the Section 12A application.
"If any withdrawal application is filed by Respondent no 1, financial creditor, the IRP may proceed further to constitute the CoC, after collating the claims, will not move further for inviting the EOI till the application filed under Section 12A of the Code is disposed of by NCLT," the NCLAT said in its order.
The appellate tribunal also dismissed an appeal filed by Paramjeet Singh, suspended managing director of Oswal Overseas, who had challenged the original insolvency proceedings against the company.
The New Delhi bench of the NCLT had on June 8, 2026, directed the initiation of the corporate insolvency resolution process against Oswal Overseas, admitting LH Sugar Factories' plea. That order was challenged before the NCLAT by the suspended board.
In August 2024, Oswal Overseas approached LH Sugar Factories for a short-term loan of ₹2.25 crore, citing acute financial distress and failure to pay sugarcane prices to supply farmers. Around the same time, the corporate debtor also presented a proposal for purchase of the company. The financial creditor said that proposal was mutually exclusive of the loan transaction.
LH Sugar Factories stated that Oswal Overseas failed to repay the disbursed amount by November 30, 2024, and that it was not interested in any purchase transaction. It then issued a notice and moved the NCLT claiming ₹2.44 crore due as of October 30, 2025, comprising principal of ₹2.25 crore and default interest of ₹19.38 lakh.
The settlement ends a two-year legal battle that began when LH Sugar Factories sought recovery of the short-term loan. The NCLAT's order clears the path for Oswal Overseas to resume normal operations, pending the formal withdrawal application before the NCLT.
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