Case Note & Summary
The National Company Law Appellate Tribunal addressed three appeals concerning the insolvency proceedings of SRS Real Infrastructure Ltd. The appellants, including Corporate Tower Association, SRS Pearl Unity Sec 5 Palwal Rwa, and Westend Retreat Residents Welfare Association, sought to withdraw their appeals based on the ground that the Adjudicating Authority had made decisions on related interim applications, specifically I.A. Nos. 845/2023, 1025/2023, and 815/2023, on 17.09.2026. The appellants argued that these decisions rendered their appeals infructuous. The Tribunal, upon considering the submissions made by the learned counsel for the appellants, concluded that the appeals were no longer maintainable and thus dismissed them as withdrawn. The Tribunal also disposed of the pending applications associated with the appeals. The decision was made by a bench comprising Justice Yogesh Khanna, Barun Mitra, and Ajai Das Mehrotra.
Headnote
A) Company Law - Withdrawal of Appeals - Dismissal of Appeals as Withdrawn - Companies Act, 2013 - Appellants sought to withdraw appeals following the Adjudicating Authority's decision, which rendered the appeals infructuous. The Tribunal considered the submissions and dismissed the appeals as withdrawn, along with pending applications. Held that the appeals were no longer maintainable (Paras 1-2).
Issue of Consideration
Whether the appeals should be withdrawn due to the decision of the Adjudicating Authority rendering them infructuous.
Final Decision
The Tribunal dismissed the appeals as withdrawn and disposed of the pending applications.
Law Points
- Withdrawal of appeals
- Infructuous appeals
- Adjudicating Authority decisions
Case Details
2026 LawText (NCLAT) (09) 157
Company Appeal (AT) (Insolvency) No. 103, 104 & 278 of 2026
Justice Yogesh Khanna, Barun Mitra, Ajai Das Mehrotra
Mr. Saurabh Dev, Mr. Karan Singh, Mr. Sridhar Jha, Mr. Satatya Anand, Mr. Nikhil Aradhe, Mr. Amber Chaturvedi, Mr. Suhail Rattan, Mr. Vineet Kumar, Ms. Drishti Rathi
Corporate Tower Association, SRS Pearl Unity Sec 5 Palwal Rwa, Westend Retreat Residents Welfare Association
Amarpal, Resolution Professional of SRS Real Infrastructure Ltd.
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Nature of Litigation
Insolvency proceedings related appeals
Remedy Sought
Appellants sought to withdraw their appeals
Filing Reason
Decisions by the Adjudicating Authority rendered the appeals infructuous
Previous Decisions
Adjudicating Authority decided I.A. Nos. 845/2023, 1025/2023 & 815/2023 on 17.09.2026
Issues
Whether the appeals should be withdrawn
Whether the appeals became infructuous due to the Adjudicating Authority's decision
Submissions/Arguments
Appellants argued that the appeals were infructuous due to the Adjudicating Authority's decision
Counsel for the appellants sought dismissal of the appeals as withdrawn
Ratio Decidendi
The appeals were rendered infructuous due to the Adjudicating Authority's decisions, leading to their dismissal as withdrawn.
Judgment Excerpts
The appeals stand dismissed as withdrawn.
Pending applications are also disposed of.
Procedural History
The appeals were filed concerning the insolvency proceedings of SRS Real Infrastructure Ltd. Following the decision of the Adjudicating Authority on interim applications, the appellants sought to withdraw their appeals.
Acts & Sections
