Authority: National Company Law Appellate Tribunal Principal Bench, New Delhi
Order Date: 03.07.2026
Case Overview
The appeal was filed by Mahipal Kiritbhai Patel, Suspended Director of Mehsana Dairy and Food Products Limited, challenging the impugned order dated 25.06.2026 passed by the NCLT. The NCLT had admitted the Section 9 application filed by respondent No. 1, Mehsana Food Tradelinkers Pvt. Ltd., initiating Corporate Insolvency Resolution Process (CIRP) against Mehsana Dairy and Food Products Limited. The appellant contended that the admission was improper and sought relief from the appellate tribunal. The respondents include the operational creditor (Mehsana Food Tradelinkers Pvt. Ltd.) and the Interim Resolution Professional (IRP).
Final Outcome
The NCLAT issued notices to respondents, with respondent No. 1 appearing and accepting notice. The IRP (respondent No. 2) also appeared before the tribunal. Respondents were granted two weeks to file their replies, with rejoinder to be filed before the next date of hearing.
The tribunal directed that while the Resolution Professional may collate claims in pursuance of the publication already made in Form-A, the constitution of the Committee of Creditors (CoC) shall not take place until the next hearing date. The company shall continue to operate under the supervision of the IRP, with the suspended directors and employees required to provide assistance to the IRP for running the company.
The appeal has been listed for 29th July, 2026 for potential final disposal, considering the nature of the dispute raised in the appeal.
Topics: Insolvency Appeal, Corporate Governance, NCLAT Proceedings