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 about the Appellant's conduct as an advocate, particularly regarding 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 Tribunal noted that while it did not find the remarks to cast aspersions on the Appellant, it acknowledged his concerns. The Tribunal clarified that the observations made by the NCLT were limited to the current proceedings and would not affect the Appellant in other cases. Consequently, the appeal was disposed of without issuing a formal notice to the Respondents, and the pending applications were also dismissed. The decision was made by a bench comprising Justice Yogesh Khanna, Barun Mitra, and Ajai Das Mehrotra.
Headnote
A) Company Law - Adverse Remarks Against Advocate - Expungement of Remarks - Companies Act, 2013 - The Appellant sought to expunge adverse remarks made by the NCLT regarding his support for a promoter who defaulted, claiming it was being misused in other matters. The Tribunal clarified that the observations were confined to the proceedings at hand and would not prejudice the Appellant in other cases. Held that the appeal was disposed of accordingly (Paras 1-2).
Issue of Consideration
Whether the adverse remarks made by the NCLT against the Appellant should be expunged.
Final Decision
The appeal was dismissed, and the observations made by the NCLT were clarified to be confined to the current proceedings, not affecting the Appellant in other matters.
Law Points
- Adverse remarks
- representation of creditors
- CIRP commencement
- application dismissal
