NCLAT Adjourns Ducturus Insolvency Appeal Hearing

Authority: National Company Law Appellate Tribunal Principal Bench, New Delhi

Order Date: 07.09.2026

Case Overview

This is an order from the National Company Law Appellate Tribunal (NCLAT) in Comp. App. (AT) (Ins) No. 1655 of 2026. The appellants are Tekram Yadav & Ors. and the respondents are Ducturus Resolution Professional Pvt. Ltd. & Ors. The appeal appears to challenge a resolution plan under the Insolvency and Bankruptcy Code (IBC) for an unnamed Corporate Debtor (CD). The appellants, represented by Senior Advocate Mr. Ramji Srinivasan, had concluded their submissions. The hearing could not continue with the respondents' submissions as it was past 4:00 PM. Senior Advocate Shri Krishnendu Datta, representing some respondents, was unavailable the next day and requested the appeal be taken up as the first case on 09.09.2026.

A key submission relied on an order from the Hon'ble Delhi High Court dated 15.10.2025, passed in W.P.(C) 9653/2025 & CM APPL. 40553-54/2025, which was also quoted in a previous NCLAT order (Comp. App. (AT) (Ins) No. 1470 of 2026). This High Court order pertained to the same resolution plan impugned in the instant appeal. The Delhi High Court had directed that proceedings before the National Company Law Tribunal (NCLT) could continue, but if any final order approving the resolution plan under Section 31 of the IBC was passed before the next listing date (15.11.2025), it was not to be given effect to until that date. It was submitted that this writ petition, filed by the Suspended Director of the CD, was still ongoing and scheduled to be heard by the Delhi High Court on 29.09.2026, with the interim order remaining in effect.

The NCLAT Bench, comprising Justice Mohammad Faiz Alam Khan (Member-Judicial) and Naresh Salecha (Member-Technical), considered these facts. They formed the opinion that the appellant's apprehensions regarding the implementation of the resolution plan were already addressed and protected by the existing interim order of the Delhi High Court.

Final Outcome

The NCLAT adjourned the hearing and listed the appeal to be taken up as the first case on 09.09.2026 for the submissions of the Learned Counsel for the Respondents. The existing protection granted by the Delhi High Court's interim order remains in force, preventing the implementation of any approved resolution plan for the Corporate Debtor until at least the next hearing in the High Court.

Topics: Insolvency, Legal Proceedings, Corporate Debtor