NCLAT Reserves Orders and Judgment in Insolvency Appeals — Interim Order to Continue. The Tribunal heard submissions and reserved judgment in two company appeals under the Insolvency and Bankruptcy Code, 2016, directing continuation of interim order until judgment delivery.

Tribunals: National Company Law Appellate Tribunal Bench: CHENNAI
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Case Note & Summary

This is an order of the National Company Law Appellate Tribunal (NCLAT), Principal Bench, New Delhi, dated 28.03.2025, in I.A. No. 1083 of 2025 in Company Appeal (AT) (Insolvency) No. 148 of 2025 and Company Appeal (AT) (Insolvency) No. 179 of 2025. The appeals involve Gateway Investment Management Services Ltd. as appellant in the first matter and Alchemist Asset Reconstruction Company Ltd. as appellant in the second matter, with ASC Insolvency Services LLP and others as respondents. The NCLAT heard submissions from senior counsel for the parties. In I.A. No. 1083 of 2025, Mr. Abhijeet Sinha, learned senior counsel for the applicant, sought liberty to file a two-page note in support of the application, and the Tribunal reserved orders on that application. In Company Appeal (AT) (Insolvency) No. 179 of 2025, Mr. Krishnendu Datta, learned senior counsel, completed his rejoinder submissions, and the Tribunal reserved judgment. The Tribunal directed that all parties may file short notes of submissions not exceeding four pages, along with judgments relied upon, within one week. The interim order was directed to continue until the delivery of the judgment. The bench comprised Justice Ashok Bhushan (Chairperson), Barun Mitra (Member Technical), and Arun Baroka (Member Technical).

Headnote

A) Insolvency Law - Interim Orders - Continuation of Interim Order - Pending Judgment - The NCLAT heard submissions and reserved judgment in two company appeals under the Insolvency and Bankruptcy Code, 2016, directing that the interim order shall continue until delivery of judgment. (Paras 1-3)

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Issue of Consideration

I.A. No. 1083 of 2025

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Final Decision

Orders reserved on I.A. No. 1083 of 2025; Judgment reserved in Company Appeal (AT) (Insolvency) No. 179 of 2025; parties at liberty to file short notes of submissions not more than four pages within a week; interim order to continue till delivery of judgment.

Law Points

  • Interim order continues until delivery of judgment
  • liberty to file short notes of submissions
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Case Details

2024 LawText (NCLAT) (01) 2

I.A. No. 1083 of 2025 in Company Appeal (AT) (Insolvency) No. 148 of 2025 & Company Appeal (AT) (Insolvency) No. 179 of 2025

2025-03-28

Justice Ashok Bhushan, Barun Mitra, Arun Baroka

Mr. Abhijeet Sinha, Ms. Udita Singh, Mr. Vaibhav Mishra, Ms. Shankari Mishra (for Appellant in I.A.); Mr. Ramji Srinivasan, Mr. Arijit Mazumdar, Ms. Akansha Kaushik, Mr. Shambo Nandy, Mr. Arjun Bhatia, Ms. Shefali Munde (for R-5/SRA); Mr. Abhishek Anand, Mr. Dhruv Malik, Ms. Aditi Sinha, Ms. Rajnandini Singh (for R-2/NARCL); Mr. Vivek Sibal, Ms. Rashmi Raj, Mr. Abhishek Periwal, Mr. Rohil Malhana, Ms. Kiran Bisht (for R-1); Mr. Krishnendu Datta, Mr. Milan Singh Negi, Mr. Nikhil Kumar Jha, Ms. Aakriti Gupta, Ms. Alina Merin Mathew (for Appellant in Company Appeal No. 179/2025); Mr. Ramji Srinivasan, Mr. Arijit Mazumdar, Ms. Akansha Kaushik, Mr. Shambo Nandy (for R-2); Mr. Abhishek Sinha, Mr. Dhruv Malik, Ms. Aditi Sinha, Ms. Rajnandini Singh (for R-3/NARCL)

Gateway Investment Management Services Ltd. (in I.A. No. 1083/2025 in Company Appeal (AT) (Insolvency) No. 148/2025); Alchemist Asset Reconstruction Company Ltd. (in Company Appeal (AT) (Insolvency) No. 179/2025)

ASC Insolvency Services LLP & Ors.

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Nature of Litigation

Interim application and company appeals under insolvency law

Remedy Sought

Liberty to file note in support of application; completion of hearing and reservation of judgment

Submissions/Arguments

Mr. Abhijeet Sinha, Learned Senior Counsel for the Applicant, seeks liberty to file two page note in support of the application. Learned Senior Counsel Mr. Krishnendu Datta has completed his submission in the Rejoinder.

Ratio Decidendi

Interim order continues until delivery of judgment; parties may file short notes of submissions.

Judgment Excerpts

We have heard Mr. Abhijeet Sinha, Learned Senior Counsel for the Applicant, he seeks liberty to file two page note in support of the application. Learned Senior Counsel Mr. Krishnendu Datta, has completed his submission in the Rejoinder. Hearing completed. Interim order to continue till the delivery of judgment.

Acts & Sections

  • Insolvency and Bankruptcy Code, 2016:
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