Authority: National Company Law Appellate Tribunal Principal Bench, New Delhi

Order Date: 06.07.2026

Case Overview

The appeal was filed by Wardha Mega Food Park Private Limited (Appellant) through its Director, Mr. Hasan Shafiq, against Jagdish Kumar, the Liquidator of M/s. B.Y Agro and Infra Limited (Respondent). The appeal challenged an order from the Adjudicating Authority (NCLT) that had refused to accept the Appellant's reply on record because it was filed belatedly. During the proceedings of this appeal, the main petition filed under Section 7 of the Insolvency and Bankruptcy Code, 2016, against the Corporate Debtor was heard by the Adjudicating Authority, which subsequently reserved its orders.

Final Outcome

The Appellant's counsel sought permission to withdraw the present appeal. The NCLAT bench, comprising Justice N. Seshasayee (Member-Judicial) and Barun Mitra (Member-Technical), granted leave to withdraw the appeal. The tribunal also granted liberty to the Appellant to raise the same procedural issue (i.e., the Adjudicating Authority's refusal to accept its belated reply) as an additional ground in any future appeal it might file, but only if the Section 7 petition is ultimately allowed by the Adjudicating Authority. Consequently, Company Appeal (AT) (Insolvency) No. 1163 of 2026 was dismissed as withdrawn.

Topics: NCLAT, Insolvency Proceeding, Procedural Appeal