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Raujeev Dev Taneja vs Edelweiss Asset Reconstruction ...

National Company Law Appellate Tribunal22 January 2026

Ratio decidendi

The rule this decision rests on

The Adjudicating Authority, having noticed a statement at page 17, column 11 of the application, is entitled to require the applicant to file an affidavit giving details of the assets and their current valuation, and where it does so, the applicant is bound to comply with that direction.

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. 153 of 2026 &I.A. No. 566 of 2026

IN THE MATTER OF: Raujeev Dev Taneja ...Appellants Versus Edelweiss Asset Reconstruction Company ...Respondents Limited & Ors.

Present: For Appellant : Ms. Anju Jain, Ms. Prachie Jain, Ms. Bhavya Khosla, Mr. Rifat Touhid and Ms. Bhawna Prajapati, Advocates. For Respondents :

ORDER

(Hybrid Mode)

22.01.2026: This appeal has been filed against the order dated

12.11.2025 passed by National Company Law Tribunal, Chandigarh, Court-II

by which Adjudicating Authority has directed petitioner to file an affidavit

giving details of the assets as well as the current valuation thereof. Appellant

aggrieved by the said order has come up in this appeal. It is submitted that

the adjudication by the Adjudicating Authority, shall commence only after

receipt of the report under Section 99 by the Resolution Professional. At this

stage there was no requirement for any adjudication.

We have considered the submissions and perused the records.

An order of the Adjudicating Authority asking the appellant to file an

affidavit was on the basis of something which was noticed at page-17 in

column 11 of the application. We are of the view that when Adjudicating Authority requires an affidavit to be filed it was incumbent on the applicant to

file an affidavit. In so far as the submission that adjudication shall commence

only after report, is a settled law, but we do not find any error in the order

directing for filing an affidavit by the Adjudicating Authority. With the above

observation, we dispose of the appeal.

[Justice Ashok Bhushan] Chairperson

[Barun Mitra] Member (Technical) harleen/MD

2 of 2 Company Appeal (AT) (Ins) No. 153 of 2026

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