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Judgment
(Hybrid Mode)
This appeal has been filed against an order dated 18.02.2026 passed by the adjudicating authority (National Company Law Tribunal, New Delhi Bench, Court – II) in I.A. No.4254/ND/2025.
Learned Sr. counsel Mr. Gopal Jain appearing for the appellant submits that the appellant has raised submissions with regard to maintainability of the application I.A. 4254/ND/2025 and the Court has concluded his submissions with regard to maintainability of I.A. 4254/ND/2025. Submission of the appellant is that I.A. is not maintainable and similar IAs with similar prayers were permitted to be withdrawn.
When we look into the order impugned, the order does not indicate that any notices have been issued by the Court by the said order, rather Court has observed that the parties impleaded in the application are entitled to address the Court irrespective of issuance of formal notice to them.
In the last paragraph of the order, following has been observed:
“Since in the present case, the Applicant has impleaded certain other parties besides the Financial Creditor and the RP, in our considered view, at the strength of aforementioned provisions of law, they are entitled to address the Court irrespective of issuance of formal notice to them.”
We at this stage, are not inclined to entertain the appeal. The adjudicating authority is yet to pass order on I.A.4254/ND/2025 on maintainability and on other issues. We thus are of the view that this appeal need not be entertained, since no issue at this stage require consideration by the Appellate Tribunal.
The matter being listed on 20.03.2026, it is open for the parties to make all submissions including the maintainability on I.A. No. 4254/ND/2025. The appeal is not entertained at this stage leaving all contentions open.
Appeal is disposed of accordingly.