Insolvency resolution and appeal maintainability: unamended appeal papers by the resolution professional rendered the appeals invalid.

Where a company is under insolvency resolution, control shifts from the erstwhile management to the resolution professional, and appeal papers must be properly updated and verified by the person authorised to prosecute them. If Form No. 36A is not amended by the resolution professional, and the required verification and authorisation are absent, the appeals cannot be treated as validly instituted in that form. The appeals were therefore held not maintainable and dismissed.

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Issues: Whether the appeals were maintainable when the company was under insolvency resolution and the appeal form had not been amended by the resolution professional.

Analysis: The proceedings had been initiated under the insolvency regime and control of the company had shifted from the old management to the resolution professional. The appeal papers were not properly updated, and the required verification and authorization by the person entitled to prosecute the appeals were not on record. In the absence of amendment of Form No. 36A by the resolution professional, the appeals could not be treated as validly instituted in their existing form.

Conclusion: The appeals were not maintainable in their present format and were dismissed.

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