National Company Law Appellate Tribunal Dismisses Appeals in Insolvency Proceedings Due to Supreme Court Order. Appeals Found Infructuous Following Supreme Court's Setting Aside of Section 7 Admission, Rendering CIRP Non-Operational.

Tribunals: National Company Law Appellate Tribunal Bench: NEW DELHI
  • 0
Judgement Image
Font size:
Print

Case Note & Summary

The National Company Law Appellate Tribunal addressed two appeals filed by Canara Bank (E - Syndicate Bank) against the orders of the Adjudicating Authority concerning the Corporate Insolvency Resolution Process (CIRP) of Sanwariyaji Business Ventures Pvt. Ltd. The appeals arose after the Supreme Court issued an order on 29.04.2026, setting aside the admission of a Section 7 application, which effectively halted the CIRP proceedings. The counsel for the appellant argued that, in light of the Supreme Court's ruling, the appeals had become infructuous. The Tribunal concurred, stating that since the CIRP was no longer proceeding, there was no basis to entertain the appeals. Consequently, both appeals were dismissed as infructuous, reflecting the impact of the Supreme Court's decision on the ongoing insolvency proceedings.

Headnote

A) Insolvency Law - Infructuous Appeals - Dismissal of Appeals - Insolvency and Bankruptcy Code, 2016 - Appeals became infructuous following the Supreme Court's order setting aside the admission of the Section 7 application, leading to the cessation of Corporate Insolvency Resolution Process (CIRP). The Tribunal found no reason to entertain the appeals as the underlying proceedings were no longer active. Held that the appeals were dismissed as infructuous (Paras Not mentioned).

Subscribe to unlock Headnote Subscribe Now

Issue of Consideration

Whether the appeals filed against the order of the Adjudicating Authority should be entertained after the Supreme Court set aside the admission of the Section 7 application.

Subscribe to unlock Issue of Consideration Subscribe Now

Final Decision

The Tribunal dismissed both appeals as infructuous, stating that there was no reason to entertain them following the Supreme Court's order which set aside the admission of the Section 7 application.

Law Points

  • Infructuous appeal
  • Corporate Insolvency Resolution Process
  • Supreme Court order impact
Subscribe to unlock Law Points Subscribe Now

Case Details

2026 LawText (NCLAT) (05) 106

Comp. App. (AT) (Ins) No. 614 of 2026 and Comp. App. (AT) (Ins) No. 615 of 2026

2026-05-12

Justice Ashok Bhushan, Mr. Barun Mitra

Mr. Hitesh Sachar, Anju Jain, Rifat Touhid, Vaibhav Mahalwal, Mr. Ayush J Ragani, Khushboo Shah, Anurag Mishra

Canara Bank (E - Syndicate Bank)

Vikas Khiyani Resolution Professional of Sanwariyaji Business Ventures Pvt. Ltd.

Subscribe to unlock Case Details (Citation, Judge, Date & more) Subscribe Now

Nature of Litigation

Appeals against the orders of the Adjudicating Authority in insolvency proceedings.

Remedy Sought

Canara Bank sought to challenge the orders of the Adjudicating Authority.

Filing Reason

The appeals were filed following the admission of a Section 7 application.

Previous Decisions

The Supreme Court set aside the order admitting the Section 7 application.

Issues

Whether the appeals should be entertained after the Supreme Court's order Impact of the Supreme Court's order on the CIRP

Submissions/Arguments

The appeals have become infructuous due to the Supreme Court's order. The CIRP is no longer proceeding as a result of the Supreme Court's decision.

Ratio Decidendi

The appeals were dismissed as infructuous due to the Supreme Court's order halting the Corporate Insolvency Resolution Process, indicating that appeals cannot proceed when the underlying proceedings are no longer active.

Judgment Excerpts

The consequence of the order of the Hon’ble Supreme Court is that CIRP is no longer proceedings as on date. The appeal is dismissed as infructuous.

Procedural History

The appeals were filed against the orders of the Adjudicating Authority concerning the CIRP, which were subsequently impacted by the Supreme Court's order.

Acts & Sections

  • Insolvency and Bankruptcy Code: Section 7
Subscribe to unlock full Legal Analysis Subscribe Now
Related Judgement
High Court Bombay High Court Dismisses PIL Challenging MCGM Contract Awards in Public Interest Litigation. Court Finds No Irregularity in Tender Process and Upholds Validity of Contracts for Road Works.
Related Judgement
High Court Bombay High Court Acquits Mother in Infant Murder Case Due to Lack of Evidence and Unreliable Circumstantial Evidence. Conviction under Section 302 IPC for drowning of 2-month-old daughter set aside as prosecution failed to prove guilt beyond reasona...