The CESTAT, an Appellate Tribunal, addressed the issue of ...

CESTAT: After NCLT approves resolution plan, appeal can't continue. Tribunal can't act beyond its powers. Appeal abates.

June 25, 2024

Case Laws     Customs     AT

The CESTAT, an Appellate Tribunal, addressed the issue of continuing an appeal post the NCLT's approval of the resolution plan. Referring to Rule 22 of CESTAT (Procedure) Rules, 1982, it was held that the appeal abates once a successor interest with sufficient rights is appointed by NCLT. Citing precedents, including the Supreme Court's ruling, it was established that the Tribunal's powers are limited by statute. Therefore, any order exceeding statutory powers is invalid. In line with Rule 22, the appeal abates upon IRP appointment or plan approval. The decision to abate the appeal aligns with the provisions of CESTAT (Procedure) Rules, 1982.

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