Case Note & Summary
The case involved two company appeals filed by Mandava Prabhakar Rao, a suspended director of NSL Nagapatnam Power and Infratech Ltd., against Navneet Kumar Gupta, the Resolution Professional of the company. The appeals were heard by the National Company Law Appellate Tribunal in Chennai. On 10.11.2025, the tribunal initially decided the appeals, but due to a split opinion among the members, the matter was referred to a third member for further opinion. The third member rendered a judgment on 18.09.2026, agreeing with the view of the Member (Judicial). As a result, the majority of the tribunal members affirmed the dismissal of the appeals, subject to the directions contained in the earlier order. Consequently, both company appeals were dismissed.
Headnote
A) Company Law - Appellate Jurisdiction - Dismissal of Appeals - Companies Act, 2013 - The tribunal dismissed the company appeals based on a majority opinion after a split decision, affirming the view of the Member (Judicial) and subject to prior directions. The third member agreed with the judicial member's opinion, leading to the dismissal of the appeals (Paras Not mentioned).
Issue of Consideration
Whether the company appeals should be dismissed based on the majority opinion of the tribunal members.
Final Decision
The tribunal dismissed both company appeals based on the majority opinion, affirming the view expressed by the Member (Judicial) and subject to prior directions.
Law Points
- Company law
- appellate jurisdiction
- split opinion
- dismissal of appeals
Case Details
2026 LawText (NCLAT) (09) 260
Company Appeal (AT) (CH) (Ins) No. 258 & 259 / 2025
Justice Sharad Kumar Sharma, Jatindranath Swain
Mr. VVSN Raju, Mr. Amir Bavani, Mr. Dhananjaya Mishra, Ms. Rishika Kumar, Ms. Pragati Prajapati, Ms. Ayan Rai, Mr. Navneet Dogra, Mr. Bhargav Verma, Mr. Pulkit Deora, Ms. Anjali Soni, Mr. Sidharth Sethi, Ms. Shreya Sircar, Ms. Riya Singh
Navneet Kumar Gupta, RP of NSL Nagapatnam Power & Infratech Ltd.
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Nature of Litigation
Company appeals regarding the decision of the tribunal.
Remedy Sought
Dismissal of the appeals by the appellant.
Previous Decisions
Initial decision made on 10.11.2025, referred to third member due to split opinion.
Issues
Whether the company appeals should be dismissed based on the majority opinion.
Submissions/Arguments
The appellant sought to overturn the dismissal of the appeals.
The respondents supported the dismissal based on majority opinion.
Ratio Decidendi
The majority opinion of the tribunal members led to the dismissal of the appeals, emphasizing the importance of consensus in appellate decisions.
Judgment Excerpts
The majority, that is, two members out of three members, are affirming the view of dismissing these company appeals.
The Hon'ble Third Member has rendered his judgment on 18.09.2026 and, as per the opinion expressed by the Hon'ble Third Member, he has agreed with the view expressed by the Member (Judicial).
Procedural History
The appeals were initially decided on 10.11.2025, referred to a third member due to a split opinion, and judgment rendered on 18.09.2026.
Acts & Sections
