Deemed CCI approval under Green Channel in insolvency resolution: appellate review refused; challenge to proceed before CCI or HC

Deemed approval under the Green Channel regime treats a proposed combination as approved upon filing and acknowledgement; the Competition Commission retains exclusive jurisdiction to examine whether the combination falls outside Schedule III or whether the declaration was incorrect, in which case the deemed approval is void ab initio and the Commission will proceed under the Act. The appellate forum declined to decide questions about the correctness of the CCI filing or to admit additional documents, noting the appellant has pending proceedings before the CCI and a writ petition in the High Court; the application seeking relief on those competition issues was rejected.

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Issues: Whether IA No.297 of 2026 seeking permission to place on record additional documents relating to a deemed CCI approval obtained under the Green Channel (Regulation 5A, CCI Regulations 2011) can be admitted in Company Appeal (AT) (Ins.) No.1342 of 2025 which challenges approval of a resolution plan under Section 31(4) of the IBC.

Analysis: The application seeks to introduce documents and material challenging the validity of a deemed approval granted under the Green Channel regime of CCI (Regulation 5A, CCI Regulations 2011). Regulation 5A provides that a notice filed under the Green Channel is deemed approved upon acknowledgement, subject to the CCI later finding that the combination does not fall within Schedule III or the declaration is incorrect, in which event the approval is void ab initio and the matter is to be dealt with by the Commission. The Tribunal observed that the question of correctness or validity of a deemed CCI approval is within the exclusive domain of the CCI (and, as pursued, the High Court on writ), and that the present appeal is against the Adjudicating Authority's order approving a resolution plan under Section 31 of the IBC. The Appellant has already invoked remedies before the CCI and filed a writ in the High Court which remains pending; therefore the contention and documents challenging the CCI's deemed approval are not germane to admission in this appeal and cannot be adjudicated in the present forum. In these circumstances the Tribunal declined to entertain or admit the additional documents sought to be placed on record through the instant application.

Conclusion: IA No.297 of 2026 is rejected; the application to place on record the additional documents challenging the deemed CCI approval is not admitted (decision in favour of Respondent).

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