Case Note & Summary
The National Company Law Appellate Tribunal (NCLAT) dealt with an appeal filed by Wardha Mega Food Park Private Limited, challenging an order from the Adjudicating Authority that refused to accept a belated reply from the appellant. The appeal was presented in the context of ongoing proceedings under Section 7 of the Insolvency and Bankruptcy Code, 2016. The appellant's counsel argued for the withdrawal of the appeal, indicating that the main petition had already been heard and orders reserved. The counsel requested permission to withdraw the appeal while retaining the right to raise the same issues in any future appeal that may arise depending on the outcome of the Section 7 petition. The tribunal granted the request, allowing the withdrawal and confirming that the appellant could raise the issues in any subsequent appeal if necessary. Consequently, the appeal was dismissed as withdrawn, with the court's observations noted.
Headnote
A) Corporate Insolvency - Appeal Withdrawal - Permission to Withdraw Appeal - Insolvency and Bankruptcy Code, 2016, Section 7 - The appellant sought to withdraw the appeal challenging the Adjudicating Authority's refusal to accept a belated reply, with liberty to raise the same issues in a future appeal if necessary. The court granted leave to withdraw the appeal and permitted the appellant to raise the issues in any subsequent appeal under Section 7 if required. Held that the withdrawal was permissible under the circumstances (Paras 1-3).
Issue of Consideration
Whether the appellant could withdraw the appeal and raise the issues in a future appeal under Section 7.
Final Decision
The appeal was dismissed as withdrawn, with permission granted to the appellant to raise the issues in any future appeal under Section 7 if necessary.
Law Points
- Corporate Insolvency
- Appeal Withdrawal
- Section 7 Proceedings
Case Details
2026 LawText (NCLAT) (07) 85
Company Appeal (AT) (Insolvency) No. 1163 of 2026
Justice N. Seshasayee, Barun Mitra
Mr. Sandeep Bajaj, Ms. Aakanksha Nehra, Ms. Sanjana Srivastava, Mr. Shubham Jaiswal, Mr. Bilal Ali, Mr. Varun Gupta
Wardha Mega Food Park Private Limited
Jagdish Kumar, Liquidator, M/s. B.Y Agro and Infra Limited
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Nature of Litigation
Appeal against the order of the Adjudicating Authority regarding a belated reply.
Remedy Sought
The appellant sought to withdraw the appeal with liberty to raise issues in future.
Filing Reason
The appeal was filed to challenge the refusal of the Adjudicating Authority to accept a belated reply.
Previous Decisions
The main petition under Section 7 had been heard and orders reserved.
Issues
Whether the appellant could withdraw the appeal and raise the issues in a future appeal under Section 7.
Submissions/Arguments
The appellant's counsel argued for withdrawal of the appeal with liberty to raise issues later.
The respondent's position was not detailed in the judgment.
Ratio Decidendi
The tribunal allowed the withdrawal of the appeal while permitting the appellant to raise the same issues in any future appeal under Section 7, emphasizing the flexibility in procedural matters.
Judgment Excerpts
This Appeal is preferred by the Corporate Debtor challenging the order of the Adjudicating Authority, vide which the Adjudicating Authority refused to take the reply of the Appellant on record as it was belatedly filed.
Leave granted to withdraw the appeal and in the eventuality of the appellant requiring to file any appeal under Section 7 in circumstances indicated above it is permitted to raise the issue which it has raised in this Appeal.
Procedural History
The appeal was filed challenging the order of the Adjudicating Authority regarding a belated reply, and the appellant sought to withdraw the appeal during the proceedings.
Acts & Sections
- Insolvency and Bankruptcy Code: Section 7
