Authority: National Company Law Appellate Tribunal Principal Bench, New Delhi
Order Date: 29 October 2026
Case Overview
This appeal (Comp. App. (AT) (Ins) No. 2062 of 2026) was filed by Devesh Karda, suspended director of Dharan Infra-EPC Limited, against Tata Capital Housing Finance Limited and other respondents. The appeal challenges the rejection of a Section 12A application under the Insolvency and Bankruptcy Code, which sought withdrawal of the Corporate Insolvency Resolution Process (CIRP) against the company. The matter was heard in hybrid mode by a bench comprising Justice Mohammad Faiz Alam Khan (Member-Judicial) and Naresh Salecha (Member-Technical).
During deliberations, it emerged that a coordinate bench of three members had previously disposed of I.A. No. 6053 of 2026 in Comp. App. (AT) (Ins) No. 06 of 2026 on 31 August 2026. That order had established a specific mechanism for disposal of the Section 12A application, which was ultimately moved by the Resolution Professional but rejected through the impugned order now under appeal.
Final Outcome
Without commenting on the merits of the case and citing judicial propriety, the NCLAT directed that this appeal be immediately placed before the same bench that passed the order dated 31 August 2026. The appeal was scheduled to be listed on 30 October 2026 before Bench No. 1 under the same caption. Additionally, the tribunal permitted the appellant to bring on record the certified copy of the impugned order within 15 days from the order date through I.A. No. 7771 of 2026.
Topics: Insolvency Appeal, Judicial Procedure, Section 12A Application