Case Note & Summary
The appeal was filed by Ashish K. Singh against an order dated 08.07.2026 from the National Company Law Tribunal (NCLT) concerning I.A. No. 6007/ND/2024 in C.P. No. 661 of 2021. The NCLT had made adverse remarks regarding the Appellant's conduct as an advocate, specifically criticizing his support for a promoter who had defaulted, which led to the commencement of Corporate Insolvency Resolution Process (CIRP). The Appellant contended that these remarks were being used against him in other matters and sought their expungement. The NCLAT, while acknowledging the Appellant's concerns, found that the remarks did not cast aspersions on him and clarified that they were limited to the current proceedings. The court decided not to issue a formal notice to the Respondents, as advance notice had been given, and disposed of the appeal along with the pending applications. The NCLAT emphasized that the observations made by the NCLT would not prejudice the Appellant in other cases, thus providing a measure of relief to him.
Headnote
A) Company Law - Adverse Remarks Against Advocate - Expungement of Remarks - Companies Act, 2013 - The Appellant sought to expunge adverse remarks made against him in the NCLT order regarding his support for a promoter who defaulted, arguing it was being misused in other matters. The NCLAT clarified that the observations were confined to the proceedings at hand and did not prejudice the Appellant in other cases. Held that the appeal was disposed of without prejudice to the Appellant's rights (Paras 2-3).
Issue of Consideration
Whether the adverse remarks made by the NCLT against the Appellant's conduct as an advocate should be expunged.
Final Decision
The NCLAT disposed of the appeal, clarifying that the adverse remarks were confined to the proceedings and would not prejudice the Appellant in other matters, thus providing a measure of relief to him.
Law Points
- Adverse remarks
- representation of creditors
- CIRP commencement
- application withdrawal
