Case Note & Summary
The appeal was filed by Navnirman SSR Pathways Pvt. Ltd. against an order dated 07/07/2026, which dismissed their petition under Section 9 of the Insolvency and Bankruptcy Code, 2016 (IBC) for non-prosecution. The dismissal occurred because the appellant failed to deposit the required costs within the stipulated time, although they had shown proof of deposit. The Tribunal noted that the receipt of the deposit was not reflected on the DMS Portal, leading to the dismissal. During the hearing, the Tribunal determined that no notice was necessary for the respondent since the petition had not yet been admitted. The Tribunal considered the circumstances of the case, particularly the eventual deposit of costs, and decided to set aside the dismissal order. It directed the appellant to attend all future hearings without requesting adjournments. The appeal was allowed to this extent, and any pending applications were to be disposed of accordingly.
Headnote
A) Insolvency Law - Non-Prosecution - Setting Aside Dismissal - Insolvency and Bankruptcy Code, 2016, Section 9 - The appeal was filed against a dismissal order for non-prosecution due to a slight delay in cost deposit. The Tribunal took a lenient view considering the cost was eventually deposited and allowed the appeal, directing the appellant to be present at all future hearings without seeking adjournments. Held that leniency was warranted in this case (Paras 1-3).
Issue of Consideration
Whether the dismissal for non-prosecution should be set aside due to a delay in depositing costs.
Final Decision
The Tribunal set aside the dismissal order dated 07/07/2026, allowing the appeal and directing the appellant to be present at all future hearings without seeking adjournments.
Law Points
- Section 9
- Insolvency and Bankruptcy Code
- 2016
- Non-Prosecution
- Leniency in Cost Deposit
