Case Note & Summary
The appeal was filed by Brij Bhushan Ravat and Preeti Gogai Ravat against an order dated 09.04.2026 from the National Company Law Tribunal, New Delhi, which had fixed a hearing date for 29.04.2026 regarding I.A. No.1478/ND/2026 and I.A. No.1505/ND/2026. The appellants had previously filed I.A. No. 816/2025, challenging the admission of a claim by Orris Infrastructure Pvt. Ltd., which was still pending at the time of the appeal. The court noted that since the adjudicating authority had already set a date for the matter, the appeal could not be entertained. The appellants were informed that they could request the court to expedite the decision on their pending application. Consequently, the appeal was disposed of without further action.
Headnote
A) Insolvency Law - Appeal Against Adjudicating Authority's Order - Appeal Not Entertained - Insolvency and Bankruptcy Code, 2016 - The appeal was filed against an order fixing a date for hearing while a related application was still pending. The court held that the appeal could not be entertained as the matter was already scheduled for a future date, allowing the appellant to seek an early decision on the pending application (Paras 1-5).
Issue of Consideration
Whether the appeal against the adjudicating authority's order can be entertained given the pending application.
Final Decision
The appeal was disposed of without further action as it could not be entertained due to the pending application and the scheduled hearing date set by the adjudicating authority.
Law Points
- Insolvency proceedings
- appeal dismissal
- pending applications
Case Details
2026 LawText (NCLAT) (05) 150
Company Appeal (AT) (Insolvency) No. 834 of 2026 & I.A. No. 3 290 of 2026
Justice Ashok Bhushan, Barun Mitra
Mr. Adhish Srivasatava, Ms. Pooja Mahajan, Mr. Savar Mahajan, Mr. S. Reddy, Mr. Krishnendu Dutta, Ms. Vijeta Singh, Mr. Shivam Singh K.
Brij Bhushan Ravat, Preeti Gogai Ravat
Pradeep Kumar Kaushik, Three C Shelters Private Limited
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Nature of Litigation
Appeal against an order of the adjudicating authority in insolvency proceedings.
Remedy Sought
Appellants sought to challenge the order of the adjudicating authority.
Filing Reason
The appeal was filed due to dissatisfaction with the adjudicating authority's order fixing a hearing date.
Previous Decisions
The adjudicating authority had already fixed a date for the matter, and a related application was pending.
Issues
Whether the appeal can be entertained given the pending application
The implications of the adjudicating authority's scheduled hearing date
Submissions/Arguments
Appellant argued that the appeal should be considered despite the pending application.
Court noted that the matter was already scheduled for a future date.
Ratio Decidendi
The court held that an appeal cannot be entertained when related matters are pending and scheduled for future hearings.
Judgment Excerpts
This appeal has been filed against an order dated 09.04.2026
We are of the view that appeal cannot be entertained against the said order.
It is always open for the appellant to request the Court to consider I.A. No.816/2025.
Procedural History
The appeal was filed against an order of the National Company Law Tribunal, which had fixed a hearing date while a related application was pending.
Acts & Sections
- Insolvency and Bankruptcy Code: