New Tirupur Area Development Corporation Limited Vs Infrastructure Leasing & Financial Services Limited (NCLAT Delhi)
The appeal was filed against the order dated 26.06.2025 passed by the Adjudicating Authority, National Company Law Tribunal, Mumbai Bench–I, in two connected applications. One application had been filed by the appellant in an insolvency proceeding, while the other was filed by Infrastructure Leasing & Financial Services Limited seeking directions for scheduled repayment by the appellant.
By the impugned order, the Adjudicating Authority rejected the appellant’s application by relying on an interim order dated 15.10.2018 passed in an earlier appellate proceeding, holding that in view of that order, no proceedings could be initiated against IL&FS. The application filed by IL&FS was also rejected on the ground that it was in the nature of recovery proceedings, which fell within the jurisdiction of civil courts. Only the appellant challenged this order before the appellate tribunal.
During the hearing, counsel for the appellant stated that no substantive relief was being sought in the appeal, except a clarification that if IL&FS were to initiate any proceedings against the appellant in any court, all legal pleas available to the appellant should remain open. Counsel for IL&FS expressed no objection to such a clarification if the appeal itself was not entertained.
