National Company Law Appellate Tribunal Dismisses Appeal Due to Infructuous Nature of Proceedings. Appeal for Preponement of Hearing Date Dismissed as the Date Had Already Passed.

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

The appeal was filed by the appellants, Prateek Jain and others, against an order dated 21.05.2026 from the National Company Law Tribunal, New Delhi, which dismissed their application for preponement of a hearing date. The application, I.A. No. 2273 of 2026, was intended to advance the hearing originally scheduled for 29.06.2026. However, by the time of the appeal, the date had already passed, and the next hearing was set for 04.08.2026. The court noted that the appeal had become infructuous as the date for which the preponement was sought had elapsed. Consequently, the appeal was dismissed as it no longer served any purpose, and the court found no grounds to proceed further with the matter. The decision was made by Justice Mohammad Faiz Alam Khan and Mr. Naresh Salecha.

Headnote

A) Company Law - Infructuous Appeal - Dismissal of Appeal - National Company Law Tribunal Act, 2016 - The appeal was filed against the dismissal of an application for preponement of a date which had already elapsed, rendering the appeal infructuous. The court held that since the next date was fixed for a later time, the appeal was dismissed as it no longer had any relevance (Paras 1-1).

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Issue of Consideration

Whether the appeal regarding the preponement of the date has become infructuous.

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Final Decision

The appeal was dismissed as infructuous since the date for which preponement was sought had already elapsed.

Law Points

  • Infructuous appeal
  • preponement of date
  • dismissal of application
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Case Details

2026 LawText (NCLAT) (07) 42

Comp. App. (AT) (Ins.) No. 1 094 of 2026

2026-07-21

Mohammad Faiz Alam Khan, Naresh Salecha

Abhishek Anand, Karan Kohli, Palak Kalra, Iswar Mohapatra, Animesh Pandey, Sagar Arora

Prateek Jain & Ors.

Prabhakar Kumar Resolution Professional for Idea Builders Ltd. & Ors.

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Nature of Litigation

Appeal against the dismissal of an application for preponement of a hearing date.

Remedy Sought

Appellants sought to have the hearing date preponed.

Filing Reason

The application was dismissed by the National Company Law Tribunal.

Previous Decisions

The application for preponement was rejected by the tribunal.

Issues

Whether the appeal has become infructuous due to the elapsed date. Validity of the appeal after the scheduled date has passed.

Submissions/Arguments

The appellants argued for the preponement of the hearing date. The court noted that the date had already passed, making the appeal irrelevant.

Ratio Decidendi

An appeal becomes infructuous when the matter it pertains to has already been resolved or is no longer relevant.

Judgment Excerpts

The instant appeal has become infructuous and is liable to be dismissed as such. The aforesaid appeal is thus dismissed as has become infructuous.

Procedural History

The appeal was filed against the order of the National Company Law Tribunal dismissing the application for preponement of the hearing date.

Acts & Sections

  • National Company Law Tribunal Act:
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