Resigned Director Cannot File or Maintain Appeal for Corporate Debtor Under Relevant Corporate Law ProvisionsThe SC upheld the NCLAT's decision that the resignation of a director terminates their capacity to file or maintain an appeal on behalf of the corporate debtor. Consequently, the appeal filed by the resigned director was dismissed. The court found no valid reason to interfere with the impugned order of the NCLAT and dismissed the appeal.

The Supreme Court, through Hon'ble Justices Sanjay Kumar and Satish Chandra Sharma, dismissed the appeal against the National Company Law Appellate Tribunal's impugned judgment/order, finding "no good ground and reason to interfere." Consequently, the appeal was dismissed, and all pending applications were disposed of.

Seeking recall of the order - resignation of a director affects the maintainability of an appeal filed by that director on behalf of the corporate debtor or not - it was held by NCLAT that the resignation of a director nullifies their capacity to maintain an appeal on behalf of the corporate debtor, leading to the dismissal of the appeal. HELD THAT:- There are no good ground and reason to interfere with the impugned judgment/order passed by the National Company Law Appellate Tribunal. Appeal dismissed. M/s. MANTRI DEVELOPERS PRIVATE LIMITED Versus M/s. ACE ENVIRO TECH PRIVATE LIMITED & ORS.
IBC
2025 (8) TMI 15 - Supreme Court - TMI
SUPREME COURT - SC
Dated:- 25-7-2025
CIVIL APPEAL NO. 9516 OF 2025 - -
Insolvency & Bankruptcy
HON'BLE MR. JUSTICE SANJAY KUMAR And HON'BLE MR. JUSTICE SATISH CHANDRA SHARMA For the Appellant : Mr. Shyam Divan, Sr. Adv. Dr. Farrukh Khan, Adv. Ms. Vidhi Jain, Adv. Mr. Ankit Srivastava, Adv. Mr. Rameshwar Prasad Goyal, AOR For the Respondent : Mr. S. Niranjan Reddy, Sr. Adv. Mr. Madhav Kanoria, Adv. Ms. Srideepa Bhattacharyya, Adv. Ms. Suhani Agarwal, Adv. Mr. Vikash Kumar Jha, Adv. M/s. Cyril Amarchand Mangaldas, AOR Mr. Neeraj Kishan Kaul, Sr. Adv. Mr. Kumar Kislay, Adv. Ms. Aditi Deshpande, Adv. Mr. Vibhor Jain, Adv. Ms. Ira Mahajan, Adv. Ms. Simarpreet Kaur Matharoo, Adv. Mr. Dheeraj Nair, AOR ORDER We find no good ground and reason to interfere with the impugned judgment/order passed by the National Company Law Appellate Tribunal. The appeal is, accordingly, dismissed. Pending application(s), if any, shall stand disposed of.
Case laws, Decisions, Judgements, Orders

Contact Us At :

FAQs :

Most Asked Video Tutorials :

Submit Feedback/Suggestion :

2025 (8) TMI 15