2026 (1) TMI 1083

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....ese are set of three Company Appeals; being Company Appeal (AT) (CH) (INS) No. 524 / 2025, Company Appeal (AT) (CH) (INS) No. 525 / 2025 & Company Appeal (AT) (CH) (INS) No. 526 / 2025, which question the propriety of the impugned orders that were passed on the same date i.e. 21.08.2025, on the respective Interlocutory Applications as preferred by the Appellant. 2. In Company Appeal (AT) (CH) (INS) No. 524 / 2025, the grievances of the Appellant is as against the rejection of IA (IBC) / 483 (CHE) / 2025. 3. Similarly, in Company Appeal (AT) (CH) (INS) No. 525 / 2025, his grievances is as against the rejection of the application IA (IBC) / 484 (CHE) / 2025; and in Company Appeal (AT) (CH) (INS) No. 526 / 2025, his grievances is as agai....

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....d, no orders can be passed as to the dissolution of the Corporate Debtor. The proceedings be adjourned sine die." Ld. Counsel for the Liquidator submits that after this Order, the Liquidator has not raised any bill from the Applicant / Financial Creditor / member of the SCC. Considering the fact that charge sheet has been filed after registration of case against the Company / Corporate Debtor and the persons managing the affairs of the Company / Corporate Debtor, we are not inclined to pass any order for dissolution. The judgment referred in the case of Ramanathan Bhuvaneshwari IA/66/2021 and CP(IB)/133/BB/2017, dated 11.03.2021, NCLT, Bengaluru Bench, is not applicable to the facts and circumsta....

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.... 2023 and that the proceedings of IA (IBC) / 2369 (CHE) / 2023, may be reopened and taken up for consideration afresh for the purposes of considering the dissolution of the Corporate Debtor i.e. M/s. GPR Resources Private Limited, without prejudice to the respective criminal cases, which are being considered by the CCB-CB(CID) Metropolitan Magistrate Court. 9. These applications, have been rejected by the impugned order observing thereof that, since the proceedings have already been suspended sine die, by the order of 17.10.2024, no effective order could be passed for considering the requests made by the Appellant in his Interlocutory Applications, seeking dissolution of M/s. GPR Resources Private Limited. 10. As a matter of fact, aft....

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....et the pleadings that were raised by the Appellant in his respective Interlocutory Applications, which were the subject matter of consideration as preferred in IA (IBC) / 2369 (CHE) / 2023 and there is no adjudication on the merits of the application, coupled with the fact that the reason assigned for passing of the order dated 17.10.2024, do not repose much confidence, as it is not foundationed on any legal sound basis, the impugned order dated 21.08.2025 is hereby quashed. The proceedings of IA (IBC) / 2369 (CHE) / 2023 is revived back to its original number, with a request to the Ld. NCLT, Chennai, to decide the IA (IBC) / 2369 (CHE) / 2023 afresh on its merits after giving an effective opportunity to the Appellant to have his say in the....