Avasarala Venkateshwra Rao vs Servomax India Pvt. Ltd. & Ors

IN THE MATTER OF: Avasarala Venkateshwra Rao .....Appellant Vs. Servomax India Pvt. Ltd. & Ors. ......Respondents

Present : For Appellant: Mr. Rajesh Bohra, Advocate

For Respondents: Mr. G.Madhusudhan Rao, Advocate for R-1 & R-2 Ms. Shweta Kapoor with Mr. Amir Kaleem, Mr. Sudhir Kumar, Advocates for R-6

23.04.2019 - The Appellant has challenged the Order dated 21st January,

2019 passed by the Adjudicating Authority (National Company Law Tribunal),

Hyderabad Bench, Hyderabad, whereby the Adjudicating Authority passed

certain order on Prohibition and made certain observations.

Learned counsel appears on behalf of Respondent submits that the interim

direction passed by the Adjudicating Authority on 21st January, 2019 has

become infructuous, the period of moratorium having been lapsed on passing of

order of liquidation.

Company Appeal (AT) (Insolvency) No.237 of 2019 .....contd./ 2

In reply, learned counsel for the Appellant submits that though the order

of prohibition as passed by Adjudicating Authority on 21st January, 2019 has

become infructuous the observations made by Adjudicating Authority against

the Appellant will continue. Prayer has been made to expunge the remarks

against the Appellant.

In the circumstances, we direct that the observations made by the

Adjudicating Authority in the impugned order dated 21st January, 2019 should

not be taken into consideration for deciding any claim of the Appellant. The

appeal stands disposed of with aforesaid observations.

[Justice S. J. Mukhopadhaya] Chairperson

[Justice A. I. S. Cheema] Member (Judicial)

[Kanthi Narahari] Member (Technical)

ss/gc

Company Appeal (AT) (Insolvency) No.237 of 2019