NATIONAL COMPANY LAW APPELLATE TRIBUNAL Upholds Appeal in Insolvency Matter — Directs Timely Hearing of Applications. Citing the need for timely resolution in insolvency proceedings, the Tribunal directed the Adjudicating Authority to hear and dispose of pending applications under Section 12A of the IBC.

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

The appeal was filed by HDFC Bank Limited against an order dated 21.08.2026 from the National Company Law Tribunal, Kolkata, concerning three intervention applications. The appellant's counsel submitted that an application under Section 12A of the Insolvency and Bankruptcy Code (IBC) was filed by the Committee of Creditors (CoC) through the Resolution Professional, which was reserved for orders. Meanwhile, intervention applications were submitted by an operational creditor and two prospective resolution applicants, with the Adjudicating Authority scheduling a hearing for these applications on 21.09.2026 while keeping the Section 12A application pending. The appellant requested that the Adjudicating Authority be directed to hear all applications on the same day and dispose of them in a timely manner. The Tribunal, after hearing the respondents, found it appropriate to request the Adjudicating Authority to take up the applications and dispose of them preferably within three weeks from the hearing date. The appeal was thus disposed of, along with any pending applications.

Headnote

A) Insolvency Law - Section 12A IBC - Timely Disposal of Applications - The appeal sought directions for the Adjudicating Authority to hear and dispose of intervention applications along with a pending application under Section 12A of the IBC. The Tribunal directed that the applications be heard on the same day and disposed of preferably within three weeks. Held that timely resolution is essential in insolvency matters (Paras 6-6).

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Issue of Consideration

Whether the Adjudicating Authority should be directed to hear and dispose of the pending applications in a timely manner.

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Final Decision

The appeal was disposed of with a direction to the Adjudicating Authority to hear the applications on 21.09.2026 and to dispose of them preferably within three weeks from that date.

Law Points

  • Insolvency proceedings
  • Section 12A IBC
  • timely disposal of applications
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Case Details

2026 LawText (NCLAT) (09) 199

Company Appeal (AT) (Insolvency) No. 1686 of 2026

2026-09-08

Justice Yogesh Khanna, Barun Mitra, Ajai Das Mehrotra

Mr. Asav Rajan, Ms. Tanya Baranwal, Mr. Kashish Chadha, Mr. Adiyta Shah, Mr. Devang Shrotriya, Mr. Pranay Duggal, Mr. Sushanta Kumar Chowdhury, Mr. Sidhantha Sharma, Mr. Rishav Dutt, Mr. Aman Kataruka, Mr. Anirban Bhattacharya, Mr. Rajeev Chowdhary, Mr. Rohit Jolly, Mr. Hemant Meena

HDFC Bank Limited

K.B. Sponge Iron Limited (Represented Through Its Resolution Professional) & Ors.

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Nature of Litigation

Appeal against an order of the National Company Law Tribunal regarding intervention applications in insolvency proceedings.

Remedy Sought

HDFC Bank Limited sought directions for timely hearing and disposal of applications.

Filing Reason

The appeal was filed due to pending applications and the need for timely resolution.

Previous Decisions

The National Company Law Tribunal had reserved orders on an application under Section 12A.

Issues

Whether the Adjudicating Authority should be directed to hear and dispose of the pending applications in a timely manner.

Submissions/Arguments

The appellant requested that the Adjudicating Authority hear all applications on the same day and dispose of them in a timely manner. The respondents were also heard regarding the request for timely disposal.

Ratio Decidendi

The Tribunal emphasized the importance of timely resolution in insolvency matters, directing the Adjudicating Authority to expedite the hearing and disposal of applications.

Judgment Excerpts

This appeal is filed against an impugned order dated 21.08.2026 It would be appropriate to dispose of the appeal by making a request to Ld. Adjudicating Authority to take up the above applications The appeal is disposed of.

Procedural History

The appeal was filed against an order of the National Company Law Tribunal, Kolkata, regarding intervention applications and a pending application under Section 12A of the IBC.

Acts & Sections

  • Insolvency and Bankruptcy Code, 2016: Section 12A
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