Tribunals and CommissionsDivision Bench(2026) 07 NCLAT CK 0059

Shailendra Kataria, Representative Of Creditor In Class (Homebuyers) vs Manish Lalji Dawda, RP Of Wadhwa Buildcon LLP

National Company Law Appellate Tribunal, Pricipal Bench, New Delhi · Decided on 2 July 2026

HON’BLE JUDGES
Justice Ashok Bhushan, Chairperson · Barun Mitra, Member (Technical)
RESULT
Disposed Of
CASE NUMBER
Restoration Application (AT) No. 30 of 2026 in Comp. App. (AT) (Ins) No. 156 of 2025

AI Structured Summary

Not yet generated for this judgment

Judgment

15 paragraphs · 237 words

(Hybrid Mode) 02.07.2026 Restoration Application (AT) No. 30 of 2026 This is an Application praying for recall of the Order dated 29/04/2026 by which Order, the Appeal was dismissed for Non prosecution.

2.

We have heard Ld. Counsel for Appellant and Ld. Counsel for Respondent.

3.

Ld. Counsel for Appellant submits that he has already filed an Application being I.A. No 537 of 2024, which is pending consideration and which has been noticed by this court in the Order dated 11/02/2025 passed in Comp. App. (AT) (Ins) No 156 of 2025.

4.

We find sufficient cause for allowing the Restoration.

5.

The Appeal is restored.

6.

Interim Order is revived.

7.

We however make it clear that it shall be open for the Adjudicating Authority to proceed and decide the I.A. No 537 of 2024.

8.

Taking into account the fact that Resolution Plan could not be approved in view of the interim order, the said Application need to be decided at an early date. Adjudicating Authority shall endeavour to decide the Application as early as possible.

9.

Application disposed of.

Comp. App. (AT) (Ins) No. 156 of 2025 List this Appeal again on 31/07/2026.

2.

We make it clear that the interim order does not restrain the process for preparation and consideration of Resolution Plan, only direction is that it shall not be approved.

[Justice Ashok Bhushan] Chairperson
[Barun Mitra] Member (Technical)
Prerana/md

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