Mr. Shashank Dinesh Posture vs Coc & Ors & Ors
- CitationComp. App. (AT) (Ins) No. 978 of 2026
Ratio decidendi
The rule this decision rests on
The Appellate Tribunal, in exercising its appellate jurisdiction against the rejection of an application for extension of the CIRP period, extended the period of the Corporate Insolvency Resolution Process to 30 June 2026 where three resolution plans had been received and the voting process had commenced, holding that in the facts of the case the ends of justice required such a short extension so that voting could be completed and any approved plan placed before the Adjudicating Authority.
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. 978 of 2026 IN THE MATTER OF: Shashank Dinesh Posture, Resolution Professional of ...Appellant(s) New Bombay Paper Mills Pvt. Ltd. Versus
Committee of Creditors of New Bombay Paper Mills ...Respondent(s) Pvt. Ltd. Present: For Appellant : Mr. Gaurav Mitra, Mr. Aishwarya Modi, Mr. Ishan Roy Chowdhury and Ms. Muskan Khatana, Advocates.
For Respondents : Mr. Anupam Singh, Advocate for CoC (SBI and Yes Bank)
ORDER
(Hybrid Mode)
27.05.2026 Heard Ld. Counsel for Appellant as well as Ld. Counsel
appearing for the Committee of Creditors, Respondents herein.
2. This Appeal has been filed against the order dated 06/05/2026 in I.A.
1854/MB/2026 and I.A. 1022/2026.
3. The Resolution Professional has filed an Application for extension of
Corporate Insolvency Resolution Process period for 90 days beyond 330 days
from 27/02/2026 to 28/05/2026. The Adjudicating Authority has rejected the
Application/
4. Ld. Counsel for Appellant submits that, in pursuance of the Fresh Form
G issued, three Resolution Plans were received which were being voted and the
voting has commenced on 12/05/2026, however, the order impugned being
uploaded on 19/05/2026. the voting has been abandoned.
5. Ld. Counsel for Committee of Creditors submitted that three Resolution
Plans have been received and they were put for voting a short extension ought
to have been granted to complete the process since the Corporate Debtor was
likely to be resolved.
6. We are of the view that, in the facts of the present case, ends of justice
be served in extending the period of CIRP till 30/06/2026, during which period
the voting shall be completed and appropriate Application be filed before the
Adjudicating Authority, if any, in case any Plan is approved.
7. The Appeal disposed of accordingly.
[Justice Ashok Bhushan] Chairperson
[Barun Mitra] Member (Technical) Prerana/md
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