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Amisha In Sky Creation Pvt. Ltd vs Sandeep D Maheshwari

National Company Law Appellate Tribunal19 September 2025Ashok Bhushan

Ratio decidendi

The rule this decision rests on

The Tribunal declines interim relief staying the approval of a resolution plan by the Committee of Creditors pending the appeal against rejection of the appellant's claim, holding that an interim stay of plan approval cannot be granted as prayed, since any order in the pending appeal will necessarily abide by its outcome.

Written by Miss Lucy from the judgment below, not taken from a headnote.

Judgment

As delivered

NATIONAL COMPANY LAW APPELLATE TRIBUNALPRINCIPAL BENCH, NEW DELHII.A. No. 5598 of 2025 inCompany Appeal (AT) (Ins) No. 578 of 2025

IN THE MATTER OF: Amisha In Sky Creation Pvt. Ltd. ...Appellants Versus Sandeep D. Maheshwari & Anr. ...Respondents

Present: For Appellant : Mr. Rachit Mittal, Mr. Parish Mishra, Mr. Kanishk Raj, Mr. Adarsh Srivastava and Mr. Abhishek Sinha, Advocates. For Respondents : Mr. Palash S. Singhai, Mr. Harshal Sareen and Ms. Alisha Sharma, Advocates.

ORDER

(Hybrid Mode)

19.09.2025: I.A. No. 5598 of 2025

This application has been filed by the appellant praying for following

reliefs:-

"1. That the Appellant is seeking following relief from this Hon'ble Tribunal on the basis of below mentioned facts and circumstances:

a. Allow the present Application and grant ad interim stay on the approval of Resolution Plan by CoC till disposal of the captioned Appeal; and/or

b. Pass any other or further orders as deemed fit and proper by this Hon'ble Tribunal in the facts and circumstances of this case."

It is admitted case of the parties that process with regard to approval of

resolution plan is pending consideration. The appellant's claim was rejected against which the present appeal has been filed which has already been

directed to be listed on 17.12.2024.

We are of the view the interim prayer has been prayed by the appellant

for staying the approval of the plan cannot grant as prayed for. The appeal of

the appellant being pending it goes without saying that any order passed in

the appeal shall abide by the outcome of the appeal. Application is disposed of

accordingly.

[Justice Ashok Bhushan] Chairperson

[Barun Mitra] Member (Technical) harleen/NN

2 of 2 I.A. No. 5598 of 2025 in Company Appeal (AT) (Ins) No. 578 of 2025

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