Authority: National Company Law Appellate Tribunal Principal Bench, New Delhi
Order Date: 03.07.2026
Case Overview
These four connected appeals (Comp. App. (AT) (Ins) No. 1031-1034 of 2026) were filed by Debashis Nanda against Aditya Birla Capital Ltd. & Anr. The appeals challenged an order dated 14.05.2026 passed by the NCLT, New Delhi. The NCLT had made adverse observations about the Appellant's conduct as Resolution Professional (RP) in proceedings related to a Section 99 report. The Adjudicating Authority had noted that neither the RP nor anyone on their behalf appeared on 14.05.2026, leading to the observation that "the Court is not satisfied with the conduct of the RP" and directing that a copy of the order be forwarded to the IBBI.
The Appellant's counsel argued that the RP had appeared on 11 previous dates and only could not appear on this specific date (14.05.2026). They contended that mere non-appearance should not constitute grounds for adverse observations about conduct, especially without specific reasons.
Final Outcome
The NCLAT disposed of all appeals, ruling that the observation "we are not satisfied with the conduct of the RP" should not be taken into consideration by the IBBI while taking any steps against the Appellant. The Tribunal accepted the Appellant's explanation for non-appearance and saw no reason to keep the appeals pending. No notice was issued to the Respondents given the facts of the case, but liberty was granted to the Respondents to apply for modification of the order if aggrieved. No costs were awarded.
Topics: NCLAT Proceedings, Resolution Professional Conduct, IBBI Reference