# In the matter of Kunal Karunakar Nidadavolu Vs Sarens Heavy Lifts India Private Limited

> NCLAT judgment dated 2026-02-04. Citation: TCN-2026-NCLAT-00031. The Appellant filed an appeal against the order initiating CIRP against them in a Section 9…

- **Court:** NCLAT
- **Order date:** 4 Feb 2026
- **Citation:** TCN-2026-NCLAT-00031
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/kunal-karunakar-nidadavolu-vs-sarens-heavy-lifts-india-private-limited-a95cb450

## Summary

### Background

The Appellant filed an appeal against the order initiating CIRP against them in a Section 9 application. The Appellant claims to have approached the Operational Creditor and almost settled the matter.

## Facts

The Appellant filed an appeal against the order initiating CIRP against them.

The CIRP was initiated based on a Section 9 application.

The Appellant claims to have approached the Operational Creditor and almost settled the matter.

The court directed the appeal to be heard on 20.02.2026.

The Resolution Professional is directed to collate claims but shall not constitute the CoC if publication has already been made.

## Issues and analysis

### Issue 1: Whether the appeal should be heard given the Appellant's claim of settlement with the Operational …

**Ratio:** The court has the discretion to schedule the hearing of the appeal based on the

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**Reasoning:** The court considered the Appellant's submission regarding the settlement and scheduled

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**Interpretation:** The court acknowledges the possibility of a settlement and its potential impact

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**Application:** The court applied its discretion to schedule the hearing of the appeal, taking

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## Parties

- **Judges:** Ashok Bh…; Barun M…
- **Respondents:** Kunal Karunakar…; Sarens Heavy…
- **Advocates:** Milan Sing…; Nikhil Kum…; +1 more

## Timeline

- **2026-02-04 — Appellant's Su…**: Appellant's counsel submits that the Appellant has approached the Operational Creditor…
- **2026-02-20 — Appeal Heari…**: The court directs the appeal…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 9 — Application for initiation of corporate insolvency…](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-9)

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