Mehul Harish Gosar Vs Athena Constructions Ltd. (NCLAT Delhi)
This document is the judgment/order from the National Company Law Appellate Tribunal (NCLAT), Delhi, regarding an Appeal filed by Mehul Harish Gosar (the Appellant) challenging the admission of Athena Constructions Ltd. (the Corporate Debtor/CD) into Corporate Insolvency Resolution Process (CIRP).
Appeal Grounds and Settlement Claim
The Appellant challenged the Order dated 08.05.2025 passed by the National Company Law Tribunal (NCLT), Mumbai Bench – II, which had admitted the Respondent, Parorch Developers LLP, to the CIRP.
The core contention of the appeal was that the Appellant was not given an opportunity of hearing by the NCLT. The learned Senior Counsel for the Appellant submitted that the Appellant had previously informed the Adjudicating Authority (NCLT) on 14.02.2025 that the issue was likely to be settled, and accommodation was sought on 19.03.2025 to file a Reply.
Crucially, the Appellant’s Counsel submitted that the Appellant has fully settled the Financial Creditor who initiated the CIRP. The Counsel for the respondents/Financial Creditors confirmed that their dues have been settled. The Appellant relied on the case of Abhishek Singh v. Yoginkumar Ashokbhai Patel to argue that the NCLAT should set aside the Order, record the settlement, and close the CIRP admission order.
