Case Details

  • Case Name: Sumarrow Impex LLP Through Its Designated Partner Mr. Suhail Salim Sumar vs. Drip Capital Inc
  • Court/Authority: National Company Law Appellate Tribunal (NCLAT), Principal Bench, New Delhi
  • Case Number: Company Appeal (AT) (Insolvency) No. 1995 of 2025
  • Order Date: 22.05.2026
  • Order Under Appeal: Order dated 10.10.2025 passed by the Adjudicating Authority (NCLT)
  • Period of Dispute: The appeal was filed on 06.11.2025, challenging the order dated 10.10.2025.

Parties Involved

  • Appellant: Sumarrow Impex LLP, represented through its Designated Partner, Mr. Suhail Salim Sumar.
  • Respondent: Drip Capital Inc
  • Legal Counsel for Respondent: Mr. Chandrashekhar Chakalabbi and Mr. Jatin Kumar, Advocates.
  • Legal Counsel for Appellant: Noted as present but appearance not marked.

Issues / Allegations / Violations

The core issue was the maintainability of the appeal filed by the Corporate Debtor, Sumarrow Impex LLP. The appeal challenged the Adjudicating Authority's order dated 10.10.2025, which had admitted a Section 7 application of the Insolvency and Bankruptcy Code, 2016 (IBC) against the Appellant. The Respondent raised a preliminary objection that the appeal, as filed, was not maintainable due to being filed beyond the permissible statutory time limit.

Findings & Observations

The NCLAT relied on a judgment from the Hon'ble Supreme Court of India in the matter of Nitendra Kumar Tomer, Suspended Director, Ambro Asia Private Limited vs. Unox S.P.A and Another (Civil Appeal No.3607 of 2026). The Supreme Court had held that an amendment to the memo of appeal cannot be allowed after the expiry of 45 days, which is the maximum period permitted for filing an appeal under Section 61(2) of the IBC (including the 15-day grace period for delays). The NCLAT observed that since the order under appeal was passed on 10.10.2025, the 45-day period had already expired by the time the appeal was heard, making the appeal impermissible.

Penalties / Settlements / Directions

The Tribunal dismissed the appeal filed by Sumarrow Impex LLP, declaring it "not maintainable." The dismissal was a direct procedural consequence of missing the statutory deadline, as established by the Supreme Court precedent. This ruling upholds the Adjudicating Authority's order admitting the Section 7 application against Sumarrow Impex LLP, allowing the Corporate Insolvency Resolution Process (CIRP) to proceed.

Final Ruling & Enforcement

The final ruling of the NCLAT was to dismiss the appeal as not maintainable. No further enforcement orders were issued, as the dismissal itself is the enforcement of the statutory timeline. The order of the Adjudicating Authority dated 10.10.2025 stands affirmed.