Tribunals and CommissionsDivision Bench(2026) 09 NCLAT CK 5968

Mayurkumar Vishnubhai Patel & Anr. vs Hiten Abhani & Ors.

National Company Law Appellate Tribunal, New Delhi · Decided on 24 September 2026

HON’BLE JUDGES
Sharad Kumar Sharma, Member (Judicial) · Indevar Pandey, Member (Technical)
RESULT
Dismissed
CASE NUMBER
I.A. No. 6474 of 2026 in Company Appeal (AT) (Ins) No. 167 of 2026

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Judgment

5 paragraphs · 210 words

In the instant company appeal, the challenge and the subject matter of the consideration is the order of admission of Section 9 application.

When this Tribunal took up the matter on 13.01.2026, it had passed an interim order directing that the CIRP shall abide by the result of the appeal. The interim order of 13.01.2026 is still operating. During its pendency, it has informed by the appellant through IA No. 6474 of 2026 that, the CoC has already approved the plan, which is yet to be placed before the Adjudicating Authority for its approval.

2.

The subject of approval of plan is not the subject matter of consideration or even in the appeal, hence appellant cannot be granted stay with regards to the process of approval of plan as carried by the CoC or the consequential actions, which are to be taken. Hence IA No. 6474 of 2026 stands rejected.

3.

It has been informed by the Counsel for the parties that the company appeal is likely to be listed on 05.10.2026. The counsels assure, that they will be as precise as they can, on the date fixed and will assist the Tribunal to conclude the proceedings within the shortest possible time.

Put up this appeal ‘for orders’ on 05.10.2026.