# In the matter of Santosh Kumar vs. ASK Trusteeship Services Pvt. Ltd. & Anr.

> NCLAT judgment dated 2026-03-13. Citation: TCN-2026-NCLAT-00038. An appeal was filed against an order dated 22.04.2024 by the Adjudicating Authority, which…

- **Court:** NCLAT
- **Order date:** 13 Mar 2026
- **Citation:** TCN-2026-NCLAT-00038
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/santosh-kumar-vs-ask-trusteeship-services-pvt-ltd-anr-387289b7

## Summary

### Background

An appeal was filed against an order dated 22.04.2024 by the Adjudicating Authority, which admitted a Section 7 application filed by ASK Trusteeship Services Pvt. Ltd. against ATS Heights Pvt. Ltd. (Corporate Debtor).

## Facts

An appeal was filed against the Adjudicating Authority's order dated 22.04.2024, which admitted a Section 7 application against ATS Heights Pvt. Ltd.

The appeal was considered alongside CA (AT) (Ins) No. 912 of 2024, with an order passed on 09.05.2024 in both appeals.

I.A No. 2637 of 2025 and 1821 of 2026 were filed by Shilpi Satyapriya Satyam, a homebuyer, seeking restoration of her unit allotment.

CA (AT) (Ins) No. 912 of 2024 was disposed of on 09.03.2026, allowing the IRP to file a Section 12A application due to a settlement with the Financial Creditor.

The IRP's counsel stated that the 12A application for CIRP withdrawal has been allowed.

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## Issues and analysis

### Issue 1: Whether the appeal should be dismissed as infructuous due to the withdrawal of the CIRP under …

**Ratio:** The CIRP having been withdrawn under 12A, the appeal has become infructuous and no

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**Reasoning:** The counsel for the IRP submitted that the 12A application for withdrawal of the CIRP has

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**Interpretation:** The withdrawal of the CIRP renders the appeal without purpose, as the

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**Application:** The court dismissed the appeal as infructuous based on the submission that the

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## Parties

- **Judges:** Ashok Bh…; Barun M…
- **Appellants:** Santosh…; Shilpi Satyapriya…
- **Respondents:** ATS Heights Pvt.…; ASK Trusteeship…
- **Other parties:** Olksha S…; Shreya…
- **Advocates:** Kartik…; Divyansh…; +15 more

## Timeline

- **2024-04-22 — Order by Adjudicating…**: The Adjudicating Authority passed an order admitting a Section 7 application filed by ASK…
- **2024-05-09 — Order in CA (AT) (Ins)…**: An order was passed in both the current…

## 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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