A.S. Met Corp Private Limited Vs Registrar & Ors. (Supreme Court of India)
The writ petition was filed under Article 32 of the Constitution seeking directions for registration of an FIR and a full criminal investigation into an alleged attempt to influence the outcome of Company Appeal (AT) (CH) (Ins.) No.210/2023 before the NCLAT, Chennai Bench. The petitioner relied on disclosures contained in an order dated 13 August 2025 passed by a Judicial Member of the NCLAT. The petitioner sought a Court-monitored investigation, periodic status reports, and other appropriate directions.
The petitioner is an operational creditor of KLSR Infratech Ltd. After the company allegedly failed to make payments, the petitioner filed a Section 9 application before NCLT Hyderabad. The application was admitted and Corporate Insolvency Resolution Proceedings were initiated. A suspended director of the company challenged the admission before the NCLAT in Company Appeal (AT) (CH) (Ins.) No.210/2023. On 18 July 2023, the NCLAT issued notice and stayed further CIRP proceedings. The appeal was heard finally on 18 June 2025 and reserved for judgment, with the interim stay continuing. Subsequently, an incident occurred which led the NCLAT, Chennai Bench to pass its order dated 13 August 2025, forming the basis of the reliefs sought in this writ petition.
After hearing counsel and reviewing the record, the Supreme Court held that the foremost concern was ensuring fair and impartial adjudication of the pending Company Appeal, which had been heard but not decided on merits due to circumstances noted in the NCLAT’s order. Although no notice had been issued to respondents 4 and 5 in the writ proceedings, the Court found that the proposed order would not prejudice them and notice was therefore unnecessary at this stage.
In the interest of proper adjudication, the Court directed that Company Appeal (AT) (CH) (Ins.) No.210/2023 be transferred forthwith from the NCLAT Chennai Bench to the Principal Bench of the NCLAT in New Delhi along with all records. The Court requested the Chairperson of the NCLAT to list the matter before the bench presided over by the Chairperson and decide the appeal expeditiously after issuing notice and granting adequate hearing to all contesting parties.
The Court recorded the petitioner’s assurance of full cooperation for early adjudication and directed respondents 4 and 5 to ensure that no impediment is caused to the prompt disposal of the appeal. They and their counsel must extend full cooperation to the Principal Bench.
The Principal Bench was also requested to pass appropriate orders on Application No.1166/2023 seeking vacation of the stay and to consider whether the Interim Resolution Professional appointed by NCLT Hyderabad should be directed to manage the affairs of the company.
The Court directed that copies of its order be sent to all respondents, including the Registrars of both the Principal Bench and the Chennai Bench of the NCLAT, for timely compliance.
Regarding the broader allegations and concerns raised in the writ petition, the Court observed that they relate to matters of vital public importance. It noted that the competent authority must have examined available material and taken necessary steps. In any event, such issues can be effectively dealt with by the Chief Justice of India on the administrative side.
The Court therefore treated the writ petition as a representation placing additional material and information before the Chief Justice of India for administrative consideration. It directed that the law take its own course and disposed of the writ petition along with all pending applications.
FULL TEXT OF THE SUPREME COURT JUDGMENT/ORDER
