AI OCR 
TaxTMI 
TaxTMI 
TaxTMI 
2026 (4) TMI 72
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....ned under its own peculiar facts and circumstances, and we are procedurally bound to take the view as we are going to express in the context of the law governing the field of an Appellate Jurisdiction. The provisions of the Appeal under I&B Code, as contemplated under Section 61 of I&B Code and the said provision are wide enough, to confer the right to any person aggrieved to invoke the Appellate Jurisdiction, if he is aggrieved by the order passed by the Adjudicating Authority. The provisions of Section 61 of the Code does not restrict any party from approaching the Appellate forum, if he finds, that any of his rights are infringed by orders passed by the Learned NCLT, in any of the proceedings contemplated, herein in the Code. Be that as ....
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....33, seeking liquidation of the Corporate Debtor owing to the pending Civil Appeal proceedings before the Hon'ble Apex Court. The relief has sought for in the said IA is extracted here under: Hence, taking into consideration of the aforesaid facts and circumstances, the Applicant herein prays for the following reliefs: a) Pass an order of stay on the Adjudication of Application under Section 33 of the IBC, 2016 filed by the Respondent seeking Liquidation of the Corporate Debtor numbered as IA (IBC) (LIQ.)/ 10/ (CHE)/ 2024 pending disposal of the Civil Appeal filed by the Applicant before the Hon'ble Supreme Court of India in Civil Appeal No. 7231 of 2024; b) Pass any such other Orders or directions as deem ....
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....llowing reliefs: "In view of the facts mentioned above, the Applicant prays for the following reliefs": a) To allow the intervention of the applicant in the present application. b) To take on record the additional affidavit filed by the Applicant herein on 18.01.2025, bearing e-filing No. 330511802757204 in IA (IBC) No. 1647/2024 and consider the same before passing any order. c) Any other relief, which this Tribunal may deem fit. 6. If we take the said relief as it was prayed for in Intervention Petition (IBC)/4(CHE)/2025, by the Appellant into consideration context of the entire factual backdrop of the controversy, the Appellant had, by projecting the summary of his rights and as to how he will be affected....
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....l as, the pursuing "Corporate Guarantors liability" vide CA No. 7231 of 2024, were taken into consideration by the Tribunal while passing of the order dated 07.07.2025, while disposing of the intervention application. 8. Whatsoever the logical reason might have been assigned by the Tribunal while closing the intervention application by its disposal, we need not to venture into and scrutinise the same, for the reason being that, the ultimate legal consequences of the same would be that, the Appellant's prayer for intervention stood denied by the said order of 07.07.2025. Even otherwise also it is settled principle, that if an applicant to the proceedings prays for number of reliefs and the order passed on the same, is silent on one of....
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....d person as described in the Appellate provision under Section 61 has a right of approaching the Appellate forum, being aggrieved as against any orders passed by the Adjudicating Authority. The question would be that who that the aggrieved person would be. In context hereto and the factual backdrop under which, the instant Company Appeal has arisen, we are of the view that, when the Appellant's intervention application has resulted into a determination, rightly or wrongly by the Tribunal, while passing of an order on 07.07.2025, rejecting it by way of disposal in form of closure of the application, it would amount to that the Intervention Petition (IBC)/4(CHE)/2025, was considered on merits and then has been closed. In that eventuality,....
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.... Tribunal. In these conditions once the said application has been taken up for consideration and has been closed as 'disposed of', the logical inference that could be drawn is, that the Tribunal had consciously declined to permit his intervention after taking into consideration, the grounds pleaded for permitting him to intervene. In that view of the matter, once the intervention petition was disposed of, with the Appellant having been determined to be not 'a necessary party' to the proceedings, he will automatically be precluded from being an aggrieved person, who could take the liberty of filing of an Appeal under Section 61, because for the purposes of an aggrieved person under Section 61. In other words, since the Appell....