# In the matter of Mehul Harish Gosar vs. Athena Constructions Ltd. & Ors.

> NCLAT judgment dated 2026-04-06. Citation: TCN-2026-NCLAT-00125. The Financial Creditor/Respondent filed an application seeking clarification of the order…

- **Court:** NCLAT
- **Order date:** 6 Apr 2026
- **Citation:** TCN-2026-NCLAT-00125
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/mehul-harish-gosar-vs-athena-constructions-ltd-ors-05fd2edf

## Summary

### Background

The Financial Creditor/Respondent filed an application seeking clarification of the order dated 13.10.2025 in Comp. App. (AT) (Ins.) No. 767 of 2025.

## Facts

The appeal was filed challenging the order of the Adjudicating Authority admitting the partnership firm to CIRP.

A settlement was entered into between the parties during the pendency of the appeal on 21.08.2025.

The appellant informed the Adjudicating Authority on 14.02.2025 that the issue is likely to be settled.

The appellant had fully settled the Financial Creditor who initiated the CIRP.

The Adjudicating Authority's order dated 08.05.2025 in C.P. (I.B) No.539/MB/2024 is set aside and the matter is remanded back to the Adjudicating Authority.

## Issues and analysis

### Issue 1: Whether the Tribunal has the authority to allow the appeal based on a concession made by the …

**Ratio:** The Tribunal does not have the authority to allow the appeal based on a concession made

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**Reasoning:** The route to be adopted is the one

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**Interpretation:** The phrase 'the appeal is allowed' in para 7 of the order does not fit either

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**Application:** The inadvertent error is corrected by closing the appeal and remanding the

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## Parties

- **Judges:** N. Sesha…; Arun Ba…
- **Appellants:** Mehul Haris…; Financial…
- **Respondents:** Athena Constructio…
- **Other parties:** Abhishek…
- **Advocates:** Mr.Apoorv…; Prerak S…; +7 more

## Timeline

- **2025-10-13 — Order Da…**: Order date for which…
- **2025-08-21 — Settlemen…**: Settlement entered into…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 12A — (1) Subject to sub](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-12a)

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