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Tribunals and CommissionsDivision Bench(2026) 03 NCLAT CK 1623

Shripal Sevantilal Morakhia vs Bhrugesh Amin, RP Of Smaaash Entertainment Pvt. Ltd. & Ors.

National Company Law Appellate Tribunal · Decided on 23 March 2026

HON’BLE JUDGES
Justice Ashok Bhushan, Chairperson · Barun Mitra, Member (Technical)
RESULT
Dismissed
CASE NUMBER
Comp. App. (AT) (Ins) No. 944 of 2025 & I.A. No. 3668 of 2025

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Judgment

16 paragraphs · 331 words

(Hybrid Mode)

Ld. Counsel for Appellant prays that he should be permitted to file certain additional record.

The matter was taken on 16/03/2026, when this tribunal passed following order :

ORDER

“Counsel for the respondent submits that in view of the subsequent order dated 17.02.2026 passed in I.A. No. 1985/MB/2025 and IA No. 69/Plan/2024 this appeal has become infructuous.

Ld. Counsel for the appellant submits that appellant is taking steps to challenge the subsequent order and the order in this appeal be passed on the next date. List this appeal on 23.03.2026.”

2.

Ld. Counsel for Respondent submits that in view of the subsequent order dated 17/02/2026 passed in I.A 1985/MB/2025 this Appeal has become infructuous.

3.

This Appeal has been filed challenging the order passed by Adjudicating Authority 07/05/2025 in I.A. 69 of 2024, by which the Adjudicating Authority has approved the Resolution Plan.

4.

Appellant has filed an Application objecting the Resolution Plan, which was withdrawn and Appellant filed another Application, I.A. 1985/MB/2025 objecting to the approval of the Plan, which came to be rejected by order dated 17/02/2026.

5.

When the case was taken on 16/03/2026, today’s date was fixed at the request of the Appellant.

6.

Today, when the Appeal is taken, Ld. Counsel for Appellant stated that he wants to bring certain additional document on record.

7.

We are of the view that the same allegations, were made against the Resolution Plan in I.A 1985/MB/2025, which was sought to be canvassed in this Appeal and the said application having been dismissed, for which the Appellant took liberty to inform that he is challenging the subsequent order by a separate Appeal. Be as it may.

8.

We are of the view that this Appeal need not proceeded any further and dismiss as infructuous.

9.

It shall be open for the Appellant to challenge the subsequent order in accordance with law.

10.

Ld. Counsel for Resolution Professional submitted that Plan has been fully implemented.

11.

Appeal is dismissed.