Devendra Jain vs Respondent(S)
- CitationComp. App. (AT) (Ins) No. 246 of 2026
Ratio decidendi
The rule this decision rests on
The Adjudicating Authority, having found a liquidator's progress report unsatisfactory, is entitled to decline to accept it, and an appellate challenge to such a rejection discloses no error where the Authority has not been satisfied by the report. Where a liquidator seeks a particular direction or order in liquidation proceedings, the appropriate course is to file an application before the Adjudicating Authority within those proceedings, rather than to appeal against the non-acceptance of the progress report.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
NATIONAL COMPANY LAW APPELLATE TRIBUNAL PRINCIPAL BENCH, NEW DELHI Comp. App. (AT) (Ins) No. 246 of 2026 & I.A. No. 898 of 2026 IN THE MATTER OF: Devendra Jain ...Appellant(s)
Versus
...Respondent(s)
Present: For Appellant : Mr. Kunal Kanungo, Ms. Tanushree S. Advocates
For Respondents :
ORDER
(Hybrid Mode)
17.02.2026 I.A. No. 898 of 2026 This Application has been filed by
the Appellant for condonation of 13 days delay in filing the Appeal. This
Application and Appeal has been filed by the liquidator of the Corporate Debtor.
2 We find sufficient cause has been shown in Paragraph 2 of the Application
for condonation of delay.
3. Delay condoned.
Comp. App. (AT) (Ins) No. 246 of 2026 This Appeal has been filed against
the order passed by the Adjudicating Authority dated 31/10/2025 in
IA (Liq.) Progress Report/ 748/2025.
2. Liquidator has submitted a Progress report, which was not accepted by
Adjudicating Authority and was rejected.
3. Ld. Counsel for Appellant submits that by rejection of the progress report,
there may be vacuum in liquidation period and further the reports having been
rejected, which may have adverse effect on the liquidation proceedings.
4. In so far as the rejection of progress report, we do not find any error in the
order of the Adjudicating Authority.
5. Adjudicating Authority, not being satisfied by the progress report, has not
accepted the same. In event the liquidator seeks any particular direction or order
from the Adjudicating Authority, it is always open for the liquidator to file an
appropriate application in the liquidation proceedings.
6. With these observations, we dismiss the Appeal.
[Justice Ashok Bhushan] Chairperson
[Indevar Pandey] Member (Technical) Prerana/md
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