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M/S Iraki Trading Company & Ors vs C M Smith And Sons Limited & Ors

National Company Law Appellate Tribunal10 February 2026

Ratio decidendi

The rule this decision rests on

The appeal under Section 61 of the Insolvency and Bankruptcy Code, 2016 against dismissal of an operational creditor's Section 9 petition becomes infructuous where, after the Adjudicating Authority's order was made, the corporate debtor has been admitted into corporate insolvency resolution process by a separate order which has been confirmed by this Tribunal and by the Supreme Court; in such circumstances the appeal is dismissed as infructuous because the relief sought can no longer be granted.

Written by Miss Lucy from the judgment below, not taken from a headnote.

Judgment

As delivered

NATIONAL COMPANY LAW APPELLATE TRIBUNALPRINCIPAL BENCH, NEW DELHICompany Appeal (AT) (Ins) No.1219 of 2025

In the matter of: Iraki Trading Company ...Appellant Vs. C M Smith & Sons Ltd. ...Respondent

Present: Appellant: Respondent:

ORDER

(Hybrid Mode) 10.02.2026 - There is no representation for the appellant. And this has been

the state of affairs in this appeal for the last two postings.

On going through the papers, we notice that this is an appeal preferred by an

operational creditor who challenges an Order of the Adjudicating Authority

(National Company Law Tribunal, Ahmedabad Bench, Court - I) in C.P. (IB)/

225(AHM)2021 dismissing its petition filed under Section 9, IBC, 2016.

Earlier this day, this Bench was informed by the appellant in Company Appeal

(AT) Ins) No.236 of 2024 that the CD herein was admitted to CIRP vide Order of

the Adjudicating Authority (National Company Law Tribunal, Ahmedabad, Court

- 2) dated 16.10.2025 in C.P. (IB)/206(AHM)/2024. This Order was later

confirmed by this Tribunal vide Order dated 12th December, 2025 in Company

Appeal (AT) (Ins) No.1664 of 2025 and was also confirmed by the Hon'ble

Supreme Court in Civil Appeal No.14835 of 2025.

Company Appeal (AT) (Ins) No.1219 of 2025 -2-

In view of the same, this appeal is dismissed as having become infructuous.

[Justice N. Seshasayee] Member (Judicial)

[Arun Baroka] Member (Technical)

[Indevar Pandey] Member (Technical) rs/beena

Company Appeal (AT) (Ins) No.1219 of 2025

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