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Judgment
(Hybrid Mode)
Oral Judgment : Justice Sharad Kumar Sharma, Member (Judicial):
In the instant Company Appeal (AT) (CH) (INS) No. 73 / 2026, the Appellant puts challenge to the impugned order dated 17.11.2025, that was rendered in IA No. 158 / CHE / 2021 that was preferred in IBA / 1469 / 2018, being the proceedings which was held under Section 49 to be read with Section 66 of I & B Code, 2016.
The instant Company Appeal is accompanied with the Condone Delay Application, being IA No. 329 / 2026, as well as an application for seeking condonation of delay in Refiling, being IA No. 331 / 2026.
Heard the Ld. Counsels appearing for the respective parties.
As far as the application for seeking condonation of delay in Refiling, being IA No. 331 / 2026 is concerned, the Appellant has sought a condonation of 7 days of delay that has chanced in Refiling of Appeal. After having considered the reasons given therein and finding the same to be satisfactory, the delay in Refiling would stand condoned. Accordingly, IA No. 331 / 2026, would stand allowed.
With the consent of the Ld. Counsel appearing for the respective parties, Condone Delay Application being IA No. 329 / 2026 is taken up on merits, where the Appellant has sought a condonation of 16 days of delay that has chanced in filing of the Company Appeal.
Having considered the grounds taken by the Appellant in the Condone Delay Application and finding the same to be falling well within the condonable period as contemplated under the proviso to sub-section (2) of Section 61 of I & B Code, 2016, and considering the grounds taken in the Application, the delay of 16 days that has chanced in preferring the Appeal would stand condoned. Accordingly, IA No. 329 / 2026 would stand allowed.
When the Company Appeal (AT) (CH) (INS) No. 73 / 2026 was being addressed by the Ld. Counsel for the Appellant on merits of the impugned order dated 17.11.2025, the Counsel for the Liquidator, the sole Respondent herein i.e. Mr. B. Ramana Kumar, had put an appearance and had objected the proceedings of the Company Appeal, on the ground that, as of now, nothing survives to be adjudicated on merits, in the instant Company Appeal, for the reason being that, in the subsequent proceedings that, has been carried before the Ld. NCLT, Chennai Bench, the Corporate Debtor has already been ordered to be dissolved by an order of 12.01.2026.
Under these circumstances, when the Appeal is surviving cause of action, owing to the order of dissolution dated 12.01.2026, directing the dissolution of the Corporate Debtor, the Company Appeal (AT) (CH) (INS) No. 73 / 2026, would stand dismissed.
However, the dismissal of this Company Appeal, would be without prejudice to the right of the Appellant to resort to any appropriate remedies as available to him under law, as against the order of dissolution dated 12.01.2026.