Authority: National Company Law Appellate Tribunal Principal Bench, New Delhi
Order Date: 09.09.2026
Case Overview
This is an interlocutory order in Comp. App. (AT) (Ins) No. 1370 of 2026. The appellant is Arvind Mittal, the Resolution Professional of APS Infra Engineers Private Limited, which is a company in liquidation. The respondents include SPG Infraprojects Pvt. Ltd. The appeal concerns an impugned order from the Adjudicating Authority (NCLT) which had rejected the Resolution Professional's plan approval application and directed the liquidation of the corporate debtor (APS Infra Engineers).
During the hearing, counsel for Respondent No. 1 informed the tribunal that a related appeal (Comp. App. (AT) (Ins.) No. 1280 of 2026) challenging the same impugned order was already pending before 'Bench No. 1' of the NCLAT. It was noted that on 22.07.2026, Bench No. 1 had already granted a stay on the liquidation direction portion of the impugned order. The counsel argued that since both appeals stem from the same impugned order, they should be heard and decided by the same bench to ensure consistency.
The appellant raised no objection to this request for consolidation and transfer.
Final Outcome
The NCLAT bench, comprising Justice Mohammad Faiz Alam Khan (Member-Judicial) and Mr. Naresh Salecha (Member-Technical), directed the registry to transfer the record of the instant appeal (No. 1370 of 2026) to be heard along with the related appeal (No. 1280 of 2026) before Bench No. 1. The transfer was scheduled for the next day, 10.09.2026. The bench also instructed that any necessary order from the Hon'ble Acting Chairperson for this transfer be obtained.
The practical consequence is a procedural consolidation of two linked appeals for a coordinated hearing, delaying a final decision on the corporate debtor's liquidation until the merits of both appeals are heard together.
Topics: Insolvency Proceeding, NCLAT Procedure, Corporate Liquidation