National Company Law Appellate Tribunal Dismisses Appeal in Insolvency Proceedings Due to Pending Applications. Appeal Not Entertained as Related Matters Were Scheduled for Future Hearing.

Tribunals: National Company Law Appellate Tribunal Bench: NEW DELHI
  • 4
Judgement Image
Font size:
Print

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).

Subscribe to unlock Headnote Subscribe Now

Issue of Consideration

Whether the appeal against the adjudicating authority's order can be entertained given the pending application.

Subscribe to unlock Issue of Consideration Subscribe Now

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
Subscribe to unlock Law Points Subscribe Now

Case Details

2026 LawText (NCLAT) (05) 150

Company Appeal (AT) (Insolvency) No. 834 of 2026 & I.A. No. 3 290 of 2026

2026-05-07

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

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

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:
Subscribe to unlock full Legal Analysis Subscribe Now
Related Judgement
Supreme Court Supreme Court Dismisses Appeal for Primary Teacher Recruitment Due to Non-Prescribed Qualifications. Court Upheld that B.Ed. Degree Cannot be Considered Higher than TTC as per Recruitment Advertisement Terms.
Related Judgement
Supreme Court Supreme Court Allows Appellant in Indian Evidence Act Admissibility Question and Sets Aside High Court Order Excluding Typewriter Expert Opinion. Opinion of Typewriter Expert Falls Within 'Science' Under Section 45 of Indian Evidence Act, 1872 Despit...