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M J Shah Consortium Successful ... vs India Infoline Finance Limited (Iifl) & ...

National Company Law Appellate Tribunal20 March 2026

Ratio decidendi

The rule this decision rests on

The Adjudicating Authority's disposal of an interlocutory application seeking production of original consent terms, on the basis that the respondent stated the originals were not available, is not disturbed; the tribunal holds that a party may obtain a certified copy of consent terms forming part of the record of CIRP proceedings from the record and use it as required.

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. 491 of 2026 & I.A. No. 1907 of 2026 IN THE MATTER OF: MJ Shah Consortium Successful Resolution Applicant ...Appellant(s)

Versus

India Infoline Finance Ltd. (IIFL) & Ors. ...Respondent(s)

Present: For Appellant : Mr. Devashish Chauhan, Mr. Majhura M.N, Mr. Krishna Sharma, Ms. Kanishka Pandey, Advocates

For Respondents : Ms. Ruchi Goyal, Mr. Ishaan Duggal, Advocates for R1

ORDER

(Hybrid Mode)

20.03.2026 I.A. No. 1907 of 2026 This is an Application praying for

condonation of 01 day delay in filing the Appeal.

Sufficient cause has been shown in Application.

Delay condoned.

Comp. App. (AT) (Ins) No. 491 of 2026 Heard Ld. Counsel for Appellant and

Ld. Counsel appearing for Respondent.

2. This Appeal has been filed against the order dated 19/01/2026 by IA

(I.B.C) 5345/MB/2025, filed by the Appellant, has been disposed of.

3. Appellant, by the I.A. has sought copy of the Consent Terms from the

Respondent.

4. A statement was made by the Respondent that original consent terms are

not available with them.

5. Adjudicating Authority, disposed of the Application by making following

observations in Paragraph 3.

"3. We thus, find no reason to keep the present Interlocutory Application as prayers made in this Application has already been taken care of, and prayer for original consent terms could not be granted in view of specific submissions by the concerned persons that those are not available with them. Accordingly, the Interlocutory Application bearing IA No. 5345 of 2025 are disposed of."

6. We do not find any error in the order passed by the Adjudicating Authority.

However, the submission of the Appellant is that consent term is a part of the

record of the Corporate Insolvency Resolution Process proceeding.

7. It is always open for the Appellant to obtain certified copy of the consent

terms from the record of the CIRP proceeding and use the same wherever

required.

8. With these observations, we dismiss the Appeal.

[Justice Ashok Bhushan] Chairperson

[Barun Mitra] Member (Technical) Prerana/md

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