Ashish Kumar Singh vs M/S. Vayam Technologies Limited & Ors
- CitationCompany Appeal (AT) (Insolvency) No. 1649 of 2026
Ratio decidendi
The rule this decision rests on
The Appellate Tribunal disposes of an appeal against adverse remarks in an NCLT order by confining those observations to the proceedings before the Adjudicating Authority, so that they do not operate to the prejudice of the appellant advocate in other matters, without issuing formal notice where advance notice has been given.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
Ashish K. Singh ....Appellant Vs.
Vayam Technologies Limited & Anr. ...Respondents For Appellant Mr. Aditya Sharan, Advocate. For Respondents Mr. Rachit Mittal, Mr. Yashraj, Mr. Parish Mishra, Mr. Kanishk Raj, Ms. Srishti Agrawal, Ms. Aayushi Kiran, Mr. Shivansh Bansal, Advocates for R1
ORDER
(Hybrid Mode)
08.09.2026: This Appeal is filed against an order dated 08.07.2026
passed by the Ld. Adjudicating Authority (National Company Law Tribunal)
New Delhi Bench (Court II) in I.A. No. 6007/ND/2024 in C.P. No. 661 of 2021.
The Learned Counsel for the Appellant submits there are certain adverse
remarks made against him in the impugned order and he seeks to expunge
them. It is submitted the impugned order specially on IA No.6007/ND/2024
notes as under:-
"When IA-4320/ND/2024 and IA-4742/ND/2024 were pressed on behalf of the Suspended Promotors and the Ld. Counsel for the suspended Promotor sought adjournment raising certain grounds including one that the Arguing Counsel is stranded at Mumbai Airport, Mr. Ashish Kumar, Advocate supported his plea. Even now also he submitted that, the Ld. Counsel for the Promotor could speak to him regarding the incident.
2 We are really appalled and dismayed with such approach of the Advocate. When a Lawyer is representing the case of a creditors may be the assignee of the debt of a public Bank, he is not supposed to support the plea of promoter who committed default and led to commencement of CIRP.
At this stage, the Ld. Counsel for the Applicant submitted that since RP has been replaced, he is not pressing the present application. As prayed by him, the application is dismissed as withdrawn."
2. The Appellant is aggrieved of the fact the Ld. NCLT has noted he was not
supposed to support the plea of promoter who had committed default and led
to commencement of CIRP. Though we do not find, this order, in any way cast
aspersions upon the Appellant, an advocate, but as he submits, it is being
used by other counsels in other matters, we only dispose of this Appeal by
saying the observations made by the Ld. NCLT are confined to these
proceedings and not to the prejudice of the Appellant elsewhere.
3. Considering the nature of the Appeal, we are not inclined to issue any
formal notice to the Respondent(s) as the advance notice has been given. The
Appeal stands disposed of. Pending IAs viz. IA No.6303 of 2026 and IA No.6304
of 2026 are also disposed of.
[Justice Yogesh Khanna] Officiating Chairperson
[Barun Mitra] Member (Technical)
(Ajai Das Mehrotra) Member (Technical) Anjali/md
Company Appeal (AT) (Insolvency) No. 1649 of 2026 & I.A. No. 6303 of 2026
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