NCLAT Disposes Appeal on Resolution Professional's Suspension and Pending Application. The court directed the NCLT to expedite the hearing of the pending application concerning the Resolution Professional's conduct.

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

The appeal was filed against an order from the National Company Law Tribunal (NCLT) concerning the conduct of a Resolution Professional, Mr. Navneet Gupta, who had been suspended following an indictment by the Disciplinary Committee. The appellant contended that despite this suspension, Mr. Gupta continued to hold office, which raised concerns about the integrity of the insolvency proceedings. The appeal included audio and video transcripts that were claimed to violate NCLT rules, but the appellant clarified that they would not rely on these materials. The court noted that an application filed by the Committee of Creditors (CoC) was pending and requested that it be heard promptly. The NCLAT disposed of the appeal with directions for the NCLT to address the pending application expeditiously, emphasizing the need for timely action in insolvency matters to maintain procedural integrity.

Headnote

A) Insolvency Law - Suspension of Resolution Professional - Continuation in Office Despite Indictment - Insolvency and Bankruptcy Code, 2016 - The appellant raised concerns regarding the Resolution Professional's continued office holding despite suspension and indictment. The court directed the NCLT to expedite the hearing of the pending application related to the Resolution Professional's conduct. Held that timely resolution is necessary to uphold the integrity of the insolvency process (Paras 5-6).

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Issue of Consideration

Whether the appeal regarding the suspension of the Resolution Professional and the pending application should be addressed by the NCLT.

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Final Decision

The appeal was disposed of with a direction to the NCLT to hear and dispose of I.A. No. 4515/2026 on 30/10/2026 as expeditiously as possible.

Law Points

  • NCLT Rules
  • administrative orders
  • Resolution Professional conduct
  • appeal procedures
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Case Details

2026 LawText (NCLAT) (10) 26

Comp. App. (AT) (Ins) No. 2066 of 2026

2026-10-29

Justice Yogesh Khanna, Barun Mitra, Ajai Das Mehrotra

Mr. Inderbir Singh Alag, Kumar Anurag Singh, Mr. Zain Ak Khan, Mr. Manoranjan Nayak, Mr. Sanat Garg, Mr. Nakul Mohta, Mr. Mohd, Abran Khan, Mr. Hitesh, Mr. Abhishek Anand, Ms. Palak Kalra, Ms. Shruti Srivastava, Mr. Rajesh Kumar Gautam, Mr. Anant Gautam, Mr. Rishi Chauhan, Ms. Azal Aakram, Mr. Sumesh Dhawan, Mr. Ajay Kumar, Mr. Pankaj Sethi, Mr. Vijayant Goel, Mr. Sagar Thakkar, Ms. Kavya T., Mr. Shreyas Mittal

Sanjeev Mahajan

Nimitaya Hotel & Resorts Ltd. & Ors.

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Nature of Litigation

Appeal against NCLT order regarding Resolution Professional's conduct

Remedy Sought

Appellant sought expeditious hearing of pending application

Filing Reason

Concerns over the Resolution Professional's continued office holding despite suspension

Previous Decisions

NCLT had not yet addressed the pending application related to the Resolution Professional

Issues

Whether the NCLT should expedite the hearing of the pending application Whether the Resolution Professional should continue in office despite suspension

Submissions/Arguments

Appellant argued for the immediate hearing of the pending application Respondent highlighted the violation of NCLT rules regarding audio/video recordings

Ratio Decidendi

The court emphasized the importance of timely resolution in insolvency proceedings to maintain procedural integrity and uphold the interests of stakeholders.

Judgment Excerpts

The appeal contains audio/ video recorded transcripts at pages from 1120 to 1155, which per se is violative of the administrative order. We find the only grievance as raised by the appellant is, despite the Resolution Professional... is still continuing to hold the office.

Procedural History

The appeal was filed against an order dated 15/09/2026 from the NCLT regarding the conduct of the Resolution Professional, with subsequent hearings and submissions leading to the current decision.

Acts & Sections

  • Insolvency and Bankruptcy Code:
  • NCLT Rules: Rule 45(6)
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