National Company Law Appellate Tribunal Dismisses Appeal in Corporate Insolvency Resolution Process Matter Due to Withdrawal. Appeal was dismissed as the cause no longer survived, leading to the withdrawal of the appeal.

Tribunals: National Company Law Appellate Tribunal Bench: New Delhi
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Case Note & Summary

The case involved an appeal filed by Vikram Kumar, the Resolution Professional for Hi-Tech Investment & Finance Pvt. Ltd., against an order dated 07.02.2023, concerning the remittance of the Corporate Insolvency Resolution Process (CIRP) cost. The appeal had been pending since 2023, along with a delay condonation application. On 08.09.2026, the counsel for the appellant requested to condone a delay of 13 days in filing the appeal, which was granted by the tribunal. Subsequently, the counsel indicated that due to the passage of time, the cause for the appeal no longer existed, and thus, the appellant intended to withdraw the appeal. The tribunal permitted the dismissal of the appeal as withdrawn, concluding the matter without further deliberation.

Headnote

A) Company Law - Corporate Insolvency Resolution Process - Remittance of CIRP Cost - Companies Act, 2013 - The appeal was related to the remittance of the CIRP cost, which was to be decided by the Committee of Creditors (COC). The appellant's counsel indicated that the cause no longer survived, leading to the withdrawal of the appeal. Held that the appeal was dismissed as withdrawn (Paras 1-3).

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Issue of Consideration

Whether the appeal regarding the remittance of the CIRP cost should be allowed or dismissed.

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Final Decision

The appeal was dismissed as withdrawn after the counsel indicated that the cause no longer survived.

Law Points

  • CIRP cost remittance
  • delay condonation
  • appeal withdrawal
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Case Details

2026 LawText (NCLAT) (09) 47

Comp. App. (AT) (Ins) No. 508 of 2023

2026-09-08

Justice Sharad Kumar Sharma, Arun Baroka, Indevar Pandey

Adv. Abhishek Anand, Adv. Karan Kohli, Adv. Palak Kalra, Adv. Shruti Srivastava, Mr. Gaurav Anand

Vikram Kumar

IFCI Ltd. & Ors.

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Nature of Litigation

Company appeal regarding CIRP cost remittance

Remedy Sought

Withdrawal of the appeal

Filing Reason

Aggrieved by the impugned order regarding CIRP cost

Previous Decisions

The appeal was pending since 2023 with a delay condonation application

Issues

Whether the appeal regarding the remittance of the CIRP cost should be allowed or dismissed.

Submissions/Arguments

Counsel for the appellant sought to condone the delay and indicated the cause no longer survived, leading to the withdrawal of the appeal.

Ratio Decidendi

The appeal was dismissed as the cause for the appeal no longer existed, allowing the withdrawal.

Judgment Excerpts

The issue that engages consideration in this instant company appeal, was as regards to the remittance of the CIRP cost. Counsel for the Appellant submits that, with the influx of time, the cause does not survive and, hence, he intends to withdraw the appeal.

Procedural History

The appeal was filed against an order dated 07.02.2023, and was pending since 2023 along with a delay condonation application.

Acts & Sections

  • Companies Act, 2013:
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