Case Note & Summary
The case involved an appeal filed by the Resolution Professional for Ansal Properties & Infrastructure Ltd. against an order dated 07.05.2026 issued by the National Company Law Tribunal, New Delhi. The order was related to an interim application filed by Evergreens Leisure Club & Resorts LLP, which was still pending decision. The Appellant challenged the order, asserting that they had filed another application seeking possession of assets from the Respondent, who was in possession of those assets. The Tribunal noted that the order from the Adjudicating Authority was not final and that the application was yet to be decided. It emphasized that the Appellant could request the Adjudicating Authority to consider their application while deciding the pending matter. Consequently, the Tribunal found no reason to entertain the appeal at that stage and disposed of it accordingly.
Headnote
A) Insolvency Law - Appeal Against Non-Final Order - Dismissal of Appeal - Insolvency and Bankruptcy Code, 2016 - The appeal was filed against an order that was not final and the application was still pending before the Adjudicating Authority. The Tribunal held that it is open for the Appellant to request the Adjudicating Authority to consider the pending application while making its decision, thus dismissing the appeal at this stage (Paras 1-3).
Issue of Consideration
Whether the appeal against the non-final order of the Adjudicating Authority should be entertained.
Final Decision
The Tribunal dismissed the appeal, stating that the order was not final and the application was still pending before the Adjudicating Authority. The Appellant was allowed to request consideration of their application while the matter was being decided.
Law Points
- Insolvency proceedings
- Resolution Professional
- Adjudicating Authority
- interim applications
