Oyster Medisafe Private Ltd vs Sridhar Vasireddy & 2 Others
- CitationCompany Appeal (AT) (CH) No.08/2021
Ratio decidendi
The rule this decision rests on
The appeal is rendered infructuous where the impugned order has been admittedly modified or corrected by the tribunal below, so that the challenged order no longer subsists in its original form and nothing remains for adjudication in the appeal against it; the appeal is accordingly dismissed as infructuous without costs.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
NATIONAL COMPANY LAW APPELLATE TRIBUNAL, CHENNAI (APPELLATE JURISDICTION) Company Appeal (AT) (CH) No.08/2021 (Under Section 421(1) of the Companies Act, 2013) (Arising out of Order dated 17.2.2021 passed in I.A.No.1021/2020 and IA No.126 of 2021 in Company Petition No.117/241/HDB/2019 by the National Company Law Tribunal, Hyderabad Bench at Hyderabad.
In the matter of:
Oyster Medisafe Private Limited Through its Authorized Representative Mr.Indranil Mukherjee having its Registered Office at SY.No.722, Dabilpur Village, Medchal Mandal, Telangana 50140 Email id legal.in@bbraun.com ...Appellant
V 1. Sridhar Vasireddy S/o Mr.Vasireddy Satyanarayana R/o 19203, Gentle Oak Cove San Antonio, Texas-78258 United States of America sridharvasireddy@hotmai.com Through Pusuluri Prudhvi SPA Holder of Mr.Sridhar Vasireddy R/o Plot No.362, Secretariat Colony Manikonda, Puppalaguda Hyderabad-500089, Telangana prudhvipusuluri@outlook.com ...Respondent 1
2. Ajith N.Kumar, S/o Mr.N.U.Rao R/o 1 Cascade Court East Burr Ridge, Illinois-60527 United States of America Through Pusuluri Prudhvi ...Respondent 2 SPA Holder of Mr.Sridhar Vasireddy R/o Plot No.362, Secretariat Colony Manikonda, Puppalaguda Hyderabad-500089, Telangana prudhvipusuluri@outlook.com.
Present :
For the Appellant : Mr.A.S.Chandhiok, Senior Advocate Mr.NPS Chawla, Advocate
For the Respondent : Mr.D.V.K.Phanindra, Advocate
------ JUDGEMENT
VIRTUAL MODE
Heard Both sides.
In view of the fact that the impugned order dated 17.02.2021 in I A No. 126/2021 in CP No. 117/241/HDB/2-19 on the file of National Company Law Tribunal, Hyderabad Bench was admittedly modified/corrected by it, on 03.03.2021 (but pronounced on 22.03.2021) and as such, this Tribunal, simpliciter opines that nothing survives for further adjudication in the main Company Appeal.
Viewed in that perspective that instant Comp App (AT) (CH) No. 8/2021 is dismissed as an infructuous one. No costs. All connected applications are closed.
[Justice Venugopal M] Member (Judicial)
[V.P.Singh] Member (Technical)
CHENNAI 12.4.2021 KM
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