Authority: Supreme Court of India, Civil Appellate Jurisdiction
Order Date: 28 July 2026 (digitally signed on 31 July 2026 10:14:06 IST)
Case Overview
- Parties: R AND M INTERNATIONAL PVT. LTD. (Appellant) vs ERCON COMPOSITES & ANR. (Respondent).
- Appeals: Civil Appeal No.807/2021 and Civil Appeal No.1781/2021.
- Background: The appellant challenged observations in paragraphs 60‑61 of the NCLAT order dated 13‑Jan‑2021 (Company Appeal (AT) (Insolvency) No.159/2020). Those paragraphs had set aside an earlier adjudicating authority order because a Section 8 notice under the Insolvency & Bankruptcy Code was not served, resulting in the dismissal of the petition and release of the corporate debtor.
- Counsel: For the appellant – Mr. Sanyat Lodha (AOR), Ms. Navya Goel (AOR), Mr. Lakshmeesh S. Kamath (AOR), Ms. Samriti Ahuja, Ms. Aditi Prakash, Ms. Anushka Singhal. For the respondent – Mr. Lakshmeesh S. Kamath (AOR), Ms. Samriti Ahuja, Ms. Aditi Prakash, Ms. Anushka Singhal.
- The appellant argued that a later NCLAT order dated 21‑Feb‑2023 (Company Appeal (AT) (Ins) No.976/2022) had been affirmed by the Supreme Court on 15‑May‑2023, and sought a review of the 13‑Jan‑2021 order.
- The Court noted that the appellant could approach the NCLAT with a review application but expressed no opinion on the merits.
Final Outcome
- The Supreme Court found no good ground to interfere with the NCLAT order dated 13‑Jan‑2021 and dismissed Civil Appeal No.807/2021.
- Civil Appeal No.1781/2021 was also disposed of.
- All pending applications, if any, were ordered to stand disposed.
- No costs were awarded.
- The Court left open the possibility for the appellant to return if adverse orders are made in the future.
Topics: Insolvency Law, Supreme Court Judgment