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 Appeal was withdrawn as the cause no longer survived, leading to dismissal.

Tribunals: National Company Law Appellate Tribunal Bench: New Delhi
  • 2
Judgement Image
Font size:
Print

Case Note & Summary

The National Company Law Appellate Tribunal dealt with an appeal concerning the remittance of costs related to the Corporate Insolvency Resolution Process (CIRP) for Hi-Tech Investment & Finance Pvt. Ltd. The appeal was filed against an order dated 07.02.2023, which was passed in I.A. No. 3765/2021 within the context of C.P. (IB) No. 478(ND)/2017. The appeal had been pending since 2023, along with a delay condonation application. On 08.09.2026, the counsel for the appellant requested the court to condone a delay of 13 days in filing the appeal, which the tribunal granted. Subsequently, the appellant's counsel stated 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 The tribunal permitted the dismissal of the appeal as withdrawn, concluding the matter without further deliberation.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 concerned the remittance of costs associated with the Corporate Insolvency Resolution Process (CIRP) and was pending since 2023. The appellant's counsel indicated that the cause no longer survived, leading to the dismissal of the appeal as withdrawn. Held that the appeal was permitted to be dismissed (Paras 1-3).

Subscribe to unlock Headnote Subscribe Now

Issue of Consideration

Whether the appeal regarding the remittance of the CIRP cost should be allowed or withdrawn.

Subscribe to unlock Issue of Consideration Subscribe Now

Final Decision

The tribunal condoned the delay of 13 days in filing the appeal and permitted the appeal to be dismissed as withdrawn.

Law Points

  • CIRP cost
  • delay condonation
  • withdrawal of appeal
Subscribe to unlock Law Points Subscribe Now

Case Details

2026 LawText (NCLAT) (09) 48

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 Resolution Professional for Hi - Tech Investment & Finance Pvt. Ltd.

IFCI Ltd. & Ors.

Subscribe to unlock Case Details (Citation, Judge, Date & more) Subscribe Now

Nature of Litigation

Company appeal regarding remittance of CIRP costs.

Remedy Sought

Withdrawal of the appeal by the appellant.

Filing Reason

Appeal filed against an order regarding CIRP costs.

Previous Decisions

The appeal was pending since 2023 with a delay condonation application.

Issues

Whether the appeal should be allowed or withdrawn. Whether the delay in filing the appeal should be condoned.

Submissions/Arguments

Counsel for the appellant sought to withdraw the appeal due to the cause no longer surviving. Counsel requested condonation of a 13-day delay in filing the appeal.

Ratio Decidendi

The appeal was dismissed as withdrawn based on the appellant's counsel's statement that the cause no longer survived.

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 in I.A. No. 3765/2021 within C.P. (IB) No. 478(ND)/2017. The appeal was pending since 2023 along with a delay condonation application.

Acts & Sections

  • Companies Act, 2013:
Subscribe to unlock full Legal Analysis Subscribe Now
Related Judgement
Supreme Court Supreme Court Upholds Municipal Committee's Title Over Shamlat Land Included in Municipal Limits. Gram Sabha Land Vests in Municipality When Municipal Limits Extended, Not Reverting to Khewatdars Under Rule 3 Proviso.
Related Judgement
High Court High Court of Bombay Sets Aside Arbitral Award Due to Procedural Irregularities. The Court found that the Petitioners were denied necessary documents and proper notice, violating their right to a fair hearing under the Arbitration and Conciliation Ac...