Kapil Subhash Anand vs Respondents

IN THE MATTER OF: Kapil Subhash Anand ...Appellants

Versus --- ...Respondents

Present: For Appellant : Ms. Eshna Kumar, Advocate. For Respondents : None.

ORDER

(Hybrid Mode)

11.12.2025: This appeal have been filed against the order dated

28.10.2025 passed by the National Company Law Tribunal, Court-V, Mumbai

Bench by which application under Section 94 of the IBC filed by the appellant

- the personal guarantor has been rejected. The Adjudicating Authority while

rejecting the application made following observation:-

"The aforesaid fact noted hereinabove, render the petition patently defective and this defect has not been removed by the Petitioner right from the date it has been filed on 30.05.2024. Under such facts and circumstances, we are constrained to dismiss this Company Petition as non-maintainable."

Adjudicating Authority having come to the conclusion that three are certain

defects in the application, it ought to have granted opportunity to the

appellant to remove the defects.

We thus are of the view that ends of justice be served in granting two

weeks time to the appellant to remove the defects, the application CP (IB) No.

410(MB)/2024 is revived before the Adjudicating Authority for fresh

consideration in accordance with law.

With the above, appeal is disposed of.

However, we make it clear that we are not expressing any opinion on

any merits of the matter, it is for the Adjudicating Authority to consider and

decide in accordance with law.

[Justice Ashok Bhushan] Chairperson

[Barun Mitra] Member (Technical) harleen/MD

2 of 2 Company Appeal (AT) (Ins) No. 1926 of 2025