Case Note & Summary
The appeal was filed against an order dated 23.09.2026 from the National Company Law Tribunal, Mumbai, concerning pending applications related to insolvency proceedings. The appellant, Unmesh Manohar Joshi, sought to expedite the disposal of applications I.A. No. 4085/2024 and I.A. No. 2353/2024, which were aimed at directing the Resolution Professional to comply with the requirements of Section 9 of the Insolvency and Bankruptcy Code, 2016 (IBC) and to obtain necessary information for preparing a report under Section 95 of the IBC. The appellant's counsel argued that the main petition under Section 95 was still pending and scheduled for arguments on 04.11.2026. The Tribunal considered the submissions and recognized the importance of resolving the applications before the main hearing. Consequently, it disposed of the appeal by instructing the Adjudicating Authority to address the applications prior to the scheduled hearing of the main matter, emphasizing the applications' relevance to the ongoing proceedings. The appeal and the pending applications were thus disposed of.
Headnote
A) Insolvency Law - Applications for Information - Timely Disposal of Applications - Insolvency and Bankruptcy Code, 2016, Section 95 - The court directed the Adjudicating Authority to dispose of the applications before the main matter hearing, as it significantly impacted the proceedings. Held that timely resolution of these applications is essential for the effective adjudication of the main matter (Paras 3-5).
Issue of Consideration
Whether the applications filed should be disposed of prior to the hearing of the main matter under Section 95 of the IBC.
Final Decision
The Tribunal disposed of the appeal by directing the Adjudicating Authority to resolve the applications prior to the hearing of the main matter scheduled for 04.11.2026.
Law Points
- Insolvency proceedings
- Section 95 IBC
- applications for information
- resolution professional compliance
