NATIONAL COMPANY LAW APPELLATE TRIBUNAL Upholds Appellant in Insolvency Matter — Directs Timely Disposal of Resolution Plan Application. Citing statutory mandate for timely resolution under Section 31(2)(A) of the Insolvency and Bankruptcy Code, 2016.

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

The appeal was filed by the Resolution Professional of Zillion Infraprojects Pvt. Ltd. against an order dated 09.09.2026 from the National Company Law Tribunal, New Delhi, which dismissed an application seeking preponement of the hearing for the approval of a Resolution Plan. The appellant contended that the application for plan approval had been pending for a significant time and had not been heard on three occasions, with the next hearing scheduled for 13.10.2026. The Tribunal noted the workload on the Adjudicating Authority but highlighted the statutory requirement under Section 31(2)(A) of the Insolvency and Bankruptcy Code, 2016, mandating that such applications be disposed of within 30 days of receipt. The Tribunal requested the Adjudicating Authority to expedite the hearing of the application, either on the next scheduled date or within 30 days of the order's certified copy being presented. The appeal was disposed of with directions to ensure timely resolution of the pending application.

Headnote

A) Insolvency Law - Approval of Resolution Plan - Timely Disposal - Insolvency and Bankruptcy Code, 2016, Section 31(2)(A) - The Tribunal directed the Adjudicating Authority to dispose of the application for approval of the Resolution Plan within 30 days from receipt, emphasizing the statutory mandate for timely resolution in insolvency matters. Held that the application should be addressed promptly to ensure compliance with the statutory timeline (Paras 2-4).

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Issue of Consideration

Whether the Adjudicating Authority should expedite the hearing of the application for approval of the Resolution Plan.

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Final Decision

The Tribunal disposed of the appeal with a request to the Adjudicating Authority to dispose of the application for approval of the Resolution Plan either on the next date it is listed or within 30 days from the production of the certified copy of the order.

Law Points

  • Insolvency proceedings
  • Resolution Plan approval
  • Timely disposal of applications
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Case Details

2026 LawText (NCLAT) (10) 55

Company Appeal (AT) (Insolvency) No. 1872 of 2026

2026-10-01

Justice Yogesh Khanna, Barun Mitra, Ajai Das Mehrotra

Mr. Gaurav Mitra, Mr. Gaurav Rai Grover, Ms. Lavanya Pathak, Mr. Sunil Fernandes, Ms. Ekta Chaudhary, Mr. Shirish Parashar, Mr. Harish Taneja

Harish Taneja

Consortium of ACWA Services Pvt. Ltd. and Anurati Saxena & Ors.

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Nature of Litigation

Appeal against the dismissal of an application for preponement of hearing regarding a Resolution Plan.

Remedy Sought

The appellant sought expedited hearing of the application for approval of the Resolution Plan.

Filing Reason

The application was not heard on three occasions and was pending.

Previous Decisions

An order from a coordinate Bench directed timely disposal of similar applications.

Issues

Whether the Adjudicating Authority should expedite the hearing of the application for approval of the Resolution Plan.

Submissions/Arguments

The appellant argued for the timely hearing of the application due to delays. The respondents did not contest the need for timely resolution but highlighted the Tribunal's workload.

Ratio Decidendi

The Tribunal emphasized the statutory requirement for timely disposal of applications for approval of Resolution Plans under Section 31(2)(A) of the Insolvency and Bankruptcy Code, 2016.

Judgment Excerpts

This appeal is filed by the appellant against an impugned order dated 09.09.2026 the Learned Adjudicating Authority to dispose of the application w.r.t., the approval of the Resolution Plan within a period of 30 days from the date of receipt of the Resolution Plan.

Procedural History

The appeal was filed against the dismissal of an application for preponement of hearing regarding a Resolution Plan approval application.

Acts & Sections

  • Insolvency and Bankruptcy Code: 31(2)(A)
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