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Judgment
O R D E R
The instant company appeal has been preferred by the Appellant being aggrieved as against the impugned order dated 05.03.2026, that was passed on IA (IBC)/1515/2025, dismissing the said application which was filed by the Appellant. The facts of the case are that the Appellants, who are Respondents in the proceedings of IA (IBC)/1033/2025, had filed their counter to the said IA and apart from that, they had a fresh application IA (IBC)/1515/2025, on 15.09.2025, praying for dismissal of IA (IBC)/1033/2025 and grant of such other ancillary relief. While considering the aforesaid application, the Ld. Tribunal took the view that, when the counter was already invited, to IA (IBC)/1033/2025 and that was filed by the Appellants, there was no necessity for them to file another independent application, being IA (IBC)/1515/2025, praying for dismissal of IA (IBC)/1033/2025, because in the counter filed by them, they could have raised the said reliefs including the relief of dismissal of IA (IBC)/1033/2025, and accordingly proceeded to dismiss IA (IBC)/1515/2025.
We are of the view that rationale used to dismiss the application IA (IBC)/1515/2025 herein would mean that, IA (IBC)/1515/2025 has been dismissed as being rendered superfluous and the ground pleaded therein, would still be available to the Appellant to oppose IA (IBC)/1033/2025, and to seek its dismissal, in addition to the grounds he had already taken in his counter to the said IA (IBC)/1033/2025. Therefore, it is apt that the Appellant is allowed to use the grounds raised in IA (IBC)/1515/2025 in addition to grounds raised in his counter to oppose the application IA (IBC)/1033/2025 when the latter is taken up for consideration on merits.
Accordingly, we are not interfering in the impugned order, however, we carve out an exception that when the Ld. Tribunal, decides IA (IBC)/1033/2025, on its own merits, on which we are informed, that the next date fixed for hearing is 27.04.2026, it will be open for the Appellant to press upon the grounds that have been taken by him in IA (IBC)/1515/2025.
Subject to the aforesaid, this company appeal stands closed.