National Company Law Appellate Tribunal Dismisses Appeal as Infructuous — Directions Issued by NCLT Remain Effective. Citing the NCLT's order, the appeal was dismissed as unnecessary.

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

The National Company Law Appellate Tribunal dealt with multiple appeals involving Sagar Sharma and others as appellants against various respondents, including Asset Care Reconstruction Enterprises Ltd. and Pravin Navandar. The proceedings included requests for adjournments, filing of replies, and rejoinders across several cases. In particular, Comp. App. (AT) (Ins) No. 554 of 2026 was highlighted as having become infructuous due to an order from the National Company Law Tribunal, Mumbai Bench - I, which had directed police authorities to provide assistance. The appellant's counsel acknowledged this and requested dismissal of the appeal, which was granted without objections from the respondents. The tribunal also allowed time for the parties to file necessary pleadings and directed that no further extensions would be granted. The appeals were scheduled for a subsequent hearing on 23.07.2026.

Headnote

A) Company Law - Infructuous Appeal - Dismissal of Appeal - Not Applicable - The appeal was deemed infructuous as the impugned order from NCLT had already issued directions to police authorities, rendering the appeal unnecessary. The court accepted the appellant's submission and dismissed the appeal accordingly. Held that no objections were raised by the respondents regarding this dismissal (Paras 8-9).

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Issue of Consideration

Whether the appeal has become infructuous and the appropriate directions regarding the filing of replies and rejoinders.

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Final Decision

The appeal was dismissed as infructuous based on the appellant's submission, with no objections from the respondents.

Law Points

  • Infructuous appeal
  • adjournment of proceedings
  • filing of replies
  • directions by NCLT
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Case Details

2026 LawText (NCLAT) (05) 110

Comp. App. (AT) (Ins) No. 1990 of 2025

2026-05-15

Justice Mohammad Faiz Alam Khan, Mr. Naresh Salecha

Mr. Vaibhav Gaggar, Sr. Advocate, Mr. Aditya Shukla, Mr. Rohan Talwar, Mr. Chitranshul A. Sinha, Mr. Shivam Shorewala, Ms. Rakshita Bhargava, Ms. Archie Garg, Ms. Esha Sharma, Mr. Arun Kathpalia, Sr. Adv., Mr. Abhinav Vasisht, Sr. Adv.

Sagar Sharma & Anr.

Asset Care Reconstruction Enterprises Ltd. & Ors.

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Nature of Litigation

Appeals against orders of the National Company Law Tribunal.

Remedy Sought

Dismissal of appeals and directions regarding filing of replies and rejoinders.

Filing Reason

The appeals were filed against various orders of the NCLT.

Previous Decisions

NCLT had issued directions to police authorities, impacting the necessity of the appeal.

Issues

Whether the appeal has become infructuous Appropriate directions regarding filing of replies and rejoinders

Submissions/Arguments

The appellant submitted that the appeal has become infructuous due to NCLT's directions. Respondents did not raise objections to the dismissal of the appeal.

Ratio Decidendi

The appeal was dismissed as it was rendered unnecessary by prior directions from the NCLT, establishing that appeals can be dismissed if they no longer serve a purpose.

Judgment Excerpts

The appeal has become infructuous and be dismissed as such. No objections have been raised by Learned Counsel for the Respondents, in this regard.

Procedural History

Multiple appeals were filed by Sagar Sharma and others against various respondents. The tribunal addressed requests for adjournments and the filing of replies and rejoinders across several cases.

Acts & Sections

  • Insolvency and Bankruptcy Code, 2016:
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