Case Note & Summary
The appeal was filed by Alta Performance Materials India LLP against an order dated 17.02.2026, where the Adjudicating Authority (AA) dismissed their application under Section 9 of the Code of Insolvency and Bankruptcy Code, 2016 for non-prosecution. The appellant contended that they had been actively pursuing the proceedings and that the AA's observation regarding their lack of interest was incorrect, noting that their counsel was present during the hearing. The appellant also highlighted discussions regarding a repayment schedule with the Corporate Debtor (CD), arguing that disagreement over this schedule should not lead to dismissal of the application. The respondent's counsel suggested that the matter should be sent back to the AA for fresh consideration. The Tribunal, upon reviewing the submissions, decided to set aside the AA's order and revive the Section 9 application, instructing that the AA should dispose of the application promptly without any adjournments requested by the appellant. The Tribunal clarified that it was not expressing any opinion on the merits of the case.
Headnote
A) Insolvency Law - Section 9 Application - Dismissal for Non-Prosecution - Code of Insolvency and Bankruptcy Code, 2016, Section 9 - The appeal challenged the dismissal of a Section 9 application for non-prosecution, asserting that the appellant was actively pursuing the matter. The Tribunal set aside the dismissal and revived the application, directing the Adjudicating Authority to consider it afresh without expressing any opinion on the merits (Paras 1-4).
Issue of Consideration
Whether the order dismissing the Section 9 application for non-prosecution should be set aside.
Final Decision
The Tribunal set aside the order dated 17.02.2026, revived the Section 9 application, and directed the AA to dispose of the application at an early date without any adjournments requested by the appellant.
Law Points
- Section 9 application
- non-prosecution
- fresh consideration
- revival of application
