Ashish Sharma vs Vivriti Capital Limited

IN THE MATTER OF: Ashish Sharma ...Appellant

Versus

Vivriti Capital Ltd. ...Respondent

Present: For Appellant : Mr. Anuj Kumar, Ms. Isha, Advocates. For Respondent : Mr. Gulshan Kumar, Advocate.

ORDER

(Hybrid Mode)

27.03.2026: This appeal has been filed against the order passed by the

Adjudicating Authority by which order the Adjudicating Authority has

appointed Resolution Professional in Section 95 application filed by the

Respondent - Financial Creditor.

2. Learned counsel for the Appellant submits that the Resolution

Professional has submitted a report that the Respondent is a Financial Service

Provider and other issues.

3. We are of the view that at the time of appointing the Resolution

Professional no adjudicatory issue can be looked into by the Adjudicating

Authority as held by the Hon'ble Supreme Court in the matter of Dilip B

Jiwarajka Vs. Union of India & Ors. - WP (Civil) No.1281 of 2021 that all

issues have to be raised at the time when application come for admission/

rejection.

Cont'd.../

4. We, thus, are of the view that it is open for the Appellant to raise all

objections before the Adjudicating Authority, which will be considered in

accordance with law. We further observe that the Adjudicating Authority may

consider the objections and dispose of the application expeditiously. Appeal

is dismissed with above observations.

[Justice Ashok Bhushan] Chairperson

[Barun Mitra] Member (Technical) Archana/md

Company Appeal (AT) (Ins.) No. 556 of 2026 2 of 2