This judgment of Ajay Agarwal and Others. V/S State Bank of India SAM Branch and Others, from the National Company Law Appellate Tribunal (NCLAT), Division Bench-I, Chennai, concerning four separate company appeals. The appeals, filed with a delay, were accompanied by applications to condone the delay in both filing (14 days) and re-filing (1 day). The Tribunal, after hearing the counsels, condoned both delays, noting that the re-filing delay was minor and that the 14-day filing delay fell within the condonable period of 45 days as per Section 61(2) of the Insolvency and Bankruptcy Code (IBC).

Citing the Supreme Court's judgment in the case of Mr. Dilip B Jiwrajka vs. Union of India & Ors., the Tribunal concluded that no appeal is maintainable. The Supreme Court's ruling established that there is no judicial adjudication or determination of a party's rights at the stages from Section 95 to Section 99 of the IBC. The actions during this period, including the RP's report, are merely procedural and recommendatory, not binding on the Adjudicating Authority. Since the impugned order only directed the RP to perform a recommendatory function under Section 97, it did not constitute a "judicial determination" that could be challenged on appeal. Consequently, the Tribunal dismissed all four appeals, stating that the appellants could still contest the matter on its merits if and when the proceedings reach the stage of Section 100 of the IBC.