NATIONAL COMPANY LAW APPELLATE TRIBUNAL Dismisses Appeal in Bankruptcy Proceedings Due to Lack of Interest. Appellant Expressed No Desire to Pursue Appeal Against Initiation of Bankruptcy Proceedings.

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

The matter involved an appeal filed by the Appellant against an order dated 24.04.2026 from the NCLT, Mumbai Bench, which allowed the initiation of Bankruptcy proceedings against the Appellant. The Appellant had also filed an application for withdrawal of the Bankruptcy proceedings, but this application was not addressed by the NCLT before the impugned order was passed. During the proceedings, the Appellant's counsel indicated that the Appellant had no interest in pursuing the appeal further and requested that it be dismissed as withdrawn. The Tribunal, upon considering these submissions, dismissed the appeal as withdrawn, closed any pending applications, and vacated the interim orders that were in place. The decision was made by the Tribunal members, including the Officiating Chairperson and Technical Members.

Headnote

A) Bankruptcy Law - Withdrawal of Appeal - Dismissal of Appeal - Insolvency and Bankruptcy Code, 2016 - Appellant expressed no interest in pursuing the appeal against the initiation of Bankruptcy proceedings and requested dismissal as withdrawn. The Tribunal considered the submissions and dismissed the appeal accordingly, closing pending applications and vacating interim orders (Paras 1-4).

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Issue of Consideration

Whether the appeal against the initiation of Bankruptcy proceedings should be dismissed as withdrawn.

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Final Decision

The appeal was dismissed as withdrawn, pending applications were closed, and interim orders were vacated.

Law Points

  • Bankruptcy proceedings
  • Withdrawal of appeal
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Case Details

2026 LawText (NCLAT) (07) 14

I.A. No. 5328 of 2026 in Comp. App. (AT) (Ins) No. 835 of 2026

2026-07-31

Justice Yogesh Khanna, Barun Mitra, Ajai Das Mehrotra

Mr. Sunil Fernandes, Ms. Megha Gupta

Jagdish Mansukhani

Pratul Kumar Singh

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Nature of Litigation

Appeal against initiation of Bankruptcy proceedings

Remedy Sought

Dismissal of appeal as withdrawn

Filing Reason

Impugned order allowing initiation of Bankruptcy proceedings

Previous Decisions

NCLT order dated 24.04.2026 allowing Bankruptcy proceedings

Issues

Whether the appeal should be dismissed as withdrawn

Submissions/Arguments

Appellant expressed no interest in pursuing the appeal Request for dismissal of appeal as withdrawn

Ratio Decidendi

The Tribunal upheld the Appellant's request to withdraw the appeal, indicating that the lack of interest in pursuing the matter warranted dismissal.

Judgment Excerpts

This appeal has been preferred by the Appellant against an impugned order dated 24.04.2026 the Appellant has no interest to pursue this appeal and it be dismissed as withdrawn.

Procedural History

The appeal was filed against the NCLT order dated 24.04.2026 allowing Bankruptcy proceedings. The Appellant subsequently expressed a desire to withdraw the appeal.

Acts & Sections

  • Insolvency and Bankruptcy Code:
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