National Company Law Appellate Tribunal Dismisses Appeals in Insolvency Proceedings Due to Assignment of Debt. Appeals Withdrawn Unconditionally Following Appellant's Submission Regarding Debt Assignment.

Tribunals: National Company Law Appellate Tribunal Bench: NEW DELHI
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Case Note & Summary

The matter involved appeals filed by Incred Financial Service Ltd. against Resonance Eduventures Ltd. concerning insolvency proceedings. The appellant, represented by advocates Mr. Kaustav Som and Mr. Garvish Jain, indicated that the debt in question had been assigned to another Asset Reconstruction Company (ARC). Consequently, the appellant expressed a desire to withdraw the appeals unconditionally. The Tribunal, upon considering this submission, decided to dismiss both appeals as withdrawn. Additionally, it disposed of all pending applications related to the appeals. The decision was made by the officiating Chairperson Justice Yogesh Khanna and members Barun Mitra and Ajai Das Mehrotra.

Headnote

A) Insolvency Law - Withdrawal of Appeals - Dismissal of Appeals - Insolvency and Bankruptcy Code, 2016 - The appellant submitted that the debt had been assigned to another Asset Reconstruction Company and expressed the intention to withdraw the appeals unconditionally. The Tribunal considered the submission and dismissed both appeals as withdrawn, along with the pending applications. Held that the appeals were dismissed based on the appellant's request (Paras 1-2).

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Issue of Consideration

Whether the appeals should be dismissed as withdrawn based on the appellant's submission regarding the assignment of debt.

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Final Decision

Both appeals were dismissed as withdrawn unconditionally, along with the pending applications.

Law Points

  • Insolvency proceedings
  • withdrawal of appeals
  • assignment of debt
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Case Details

2026 LawText (NCLAT) (08) 63

Company Appeal (AT) (Insolvency) No. 734 of 2026 & I.A. No. 2861 of 2026

2026-08-13

Justice Yogesh Khanna, Barun Mitra, Ajai Das Mehrotra

Mr. Kaustav Som, Mr. Garvish Jain

Incred Financial Service Ltd.

Resonance Eduventures Ltd.

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Nature of Litigation

Insolvency appeals regarding debt assignment.

Remedy Sought

Appellant sought to withdraw the appeals unconditionally.

Filing Reason

Appeals filed against insolvency proceedings.

Issues

Whether the appeals should be dismissed as withdrawn based on the appellant's submission regarding the assignment of debt.

Submissions/Arguments

The appellant submitted that the debt had been assigned to another ARC and requested to withdraw the appeals unconditionally.

Ratio Decidendi

The Tribunal upheld the appellant's request to withdraw the appeals based on the assignment of debt to another entity.

Judgment Excerpts

The debt has been assigned by the Appellant to some other ARC and as such the Appellant is not inclined to continue with these Appeals and these Appeals be dismissed as withdrawn unconditionally. Considering the submissions, both the Appeals are dismissed as withdrawn unconditionally.

Procedural History

The appeals were filed by Incred Financial Service Ltd. against Resonance Eduventures Ltd. The appellant later submitted a request to withdraw the appeals due to the assignment of debt.

Acts & Sections

  • Insolvency and Bankruptcy Code:
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