The NCLAT held that an appeal under Section 61 of the IBC is not...

The NCLAT held that an appeal under Section 61 of the IBC is not maintainable against an order passed by the President of the NCLT under Rule 16(d), as such orders are administrative in nature and not adjudicatory orders under Part-II of the IBC. The President's power under Rule 16(d) to transfer cases between Benches is a roster and administrative function, not subject to appeal under Section 61. However, appeals against such orders lie under Section 421 of the Companies Act, 2013. The Tribunal upheld the NCLT New Delhi Bench's decision to withhold hearing of the main matter pending the outcome of competing transfer applications filed by the parties seeking transfer of proceedings between the Mumbai and Delhi Benches. The appeal challenging this administrative order was dismissed for lack of maintainability and absence of error in the NCLT's approach to await completion of the transfer process.