Authority: Supreme Court of India

Order Date: 12 October 2026

Case Overview

  • Parties: Athena Constructions Limited (Appellant) vs. Mehul Harish Gosar & Ors. (Respondents).
  • Diary No.: 60604/2026.
  • Origin: Appeal arising from an interim order dated 31‑07‑2026 in CAAT(I) No. 1371/2026 passed by the National Company Law Appellate Tribunal (NCLAT).
  • Related Applications: IA No. 312621/2026 – condonation of delay in filing IA No. 312618/2026 – ex‑parte ad‑interim relief.
  • Counsel for Appellant: Senior counsel (unnamed) assisted by Mr. Vaibhav Gaggar, Sr. Adv., Mr. Arjun Kant, Adv., Ms. Megha Gupta, Adv., Mr. Sooraj Sharma, Adv., Mr. Jatin Kochhar, Adv., Ms. Lavanita Chityala, Adv., Ms. Khushboo Acharya, Adv., Mr. Dhruv Dewan, Adv., Mr. Vansh Shrivastava, Adv., Mr. Upamanyu Ganguly, Adv., Mr. Syed Alwaz Asif, Adv., Mr. Vipul Agrawal‑4251, AOR.
  • Counsel for Respondent: Mr. Ramchandra Madan, AOR.
  • Bench: Hon’ble Mr. Justice S.V.N. Bhatti and Hon’ble Mr. Justice N.V. Anjaria.
  • Key Issues: Whether the civil appeal should be entertained under Section 62 of the Insolvency and Bankruptcy Code, 2016, and the request to expedite the NCLAT’s consideration of the appellant’s preliminary objections.

Court Findings & Directions

1. The Court condoned a 14‑day delay in filing the appeal.

2. The Court held that, given the nature of the order impugned, it would not entertain the civil appeal under Section 62 of the Insolvency and Bankruptcy Code, 2016.

3. The Court noted the senior counsel’s request to direct the NCLAT to consider and dispose of the appellant’s objections/preliminary objections expeditiously.

4. Liberty was granted to the appellant to approach the NCLAT for speedy disposal, acknowledging that an interim order is operating against the appellant and that the Appellate Tribunal should act in accordance with law.

5. The civil appeal was disposed of in the terms of the signed order placed on the file.

6. Any pending applications, if any, were ordered to stand disposed of.

Final Outcome

  • The appeal filed by Athena Constructions Limited is dismissed; the matter is closed, and any pending applications are also disposed of.

Topics: Insolvency & Bankruptcy, Court Order