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Mr. Mukesh Mangale & Ors vs Mr. Shailesh Verma Resolution ...

National Company Law Appellate Tribunal16 October 2024Ashok Bhushan

Ratio decidendi

The rule this decision rests on

The appeals are rendered infructuous where the order under challenge has been overtaken by a subsequent order of the Adjudicating Authority that restores the corporate insolvency resolution process and thereby removes the very basis on which the impugned approval rested; in such circumstances the issues raised in the appeal require no consideration and the appeal is dismissed as infructuous, with liberty to revive should a fresh occasion arise.

Written by Miss Lucy from the judgment below, not taken from a headnote.

Judgment

As delivered

NATIONAL COMPANY LAW APPELLATE TRIBUNAL PRINCIPAL BENCH, NEW DELHI Comp. App. (AT) (Ins) No. 1271 of 2023 IN THE MATTER OF: Mukesh Mangale & Ors. ...Appellants Versus Shailesh Verma ...Respondents Resolution Professional of Lavasa Corporation Ltd. & Ors.

Present: For Appellant : Mr. Ashish Choudhary, Mr. Abhishek Arora and Mr, Akash Agarwal, Advocates. For Respondents : Mr. Vaijayant Paliwal, Ms. Charu Bansal, Advocates for R1. Mr. Dhruva Gandhi, Mr. Abhishek Kale, Mr. Harshvardhan Jha, Mr. Vivek Dwivedi, Mr. Nevil Chopra, Mr. Aman Pathak, Mr. Sumeet Mishra, Advocates for R2. Mr. Naman Shukla, Mr. A.K. Shukla and Mr. Yasharth Shukla, Advocates for Union Bank of India. Mr. Lakshya, Advocate for R5.

WITH Comp. App. (AT) (Ins) No. 1318 of 2023 & I.A. No. 4660 of 2023 IN THE MATTER OF: Renu Kapoor & Ors. ...Appellants Versus Lavasa Corporation Ltd. & Ors. ...Respondents

Present: For Appellant : Mr. Utsav Trivedi and Ms. Shivani Bhushan, Advocates. For Respondents : Mr. Vaijayant Paliwal, Ms. Charu Bansal, Advocates for R1. Mr. Dhruva Gandhi, Mr. Abhishek Kale, Mr. Harshvardhan Jha, Mr. Vivek Dwivedi, Mr. Nevil Chopra, Mr. Aman Pathak, Mr. Sumeet Mishra, Advocates for R4. Mr. Naman Shukla, Mr. A.K. Shukla and Mr. Yasharth Shukla, Advocates for Union Bank of India.

ORDER

(Hybrid Mode)

16.10.2024: These two appeals have been filed against the same order

dated 21.07.2023 by which order the resolution plan approval application I.A.

No. 1007 of 2023 was allowed.

2. Ld. Counsel appearing for the resolution professional as well as the SRA

has submitted that by a subsequent order dated 06.09.2024 passed by

Adjudicating Authority in I.A. No. 1956/2024 and I.A. No. 2520/2024 has

allowed and restored the CIRP of corporate debtor and fresh process has

started and fresh EOI has been issued.

3. Ld. Counsel for the resolution professional has submitted that he has

already challenged that order by means of an appeal. When the very basis of

the order which was under challenged its appeal has been knocked out by

subsequent order, the issues raised in the appeal needs no consideration and

taking note of the subsequent order we hold that these two appeals have

become infructuous.

Comp. App. (AT) (Ins) Nos. 1271 & 1318 of 2023 2 of 3 Hence, appeals are dismissed as infructuous with liberty to revive if any

occasion occurs arises.

[Justice Ashok Bhushan] Chairperson

[Barun Mitra] Member (Technical)

[Arun Baroka] Member (Technical) harleen/NN

Comp. App. (AT) (Ins) Nos. 1271 & 1318 of 2023 3 of 3

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