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Roshan Colonizers Private Limited ... vs Mr. Lalluram And Others

National Company Law Appellate Tribunal12 November 2024Ashok Bhushan

Ratio decidendi

The rule this decision rests on

The appeal against the impleadment order is dismissed as infructuous. Where subsequent orders in the same proceeding have finally decided the underlying application and rejected the resolution plan, nothing survives for decision in an appeal directed against an interlocutory order, and the appeal is disposed of on that footing without any expression of opinion on the merits of the rival plans.

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

Judgment

As delivered

NATIONAL COMPANY LAW APPELLATE TRIBUNALPRINCIPAL BENCH, NEW DELHIComp. App. (AT) (Ins) No. 426 of 2024&I.A. No. 1443, 5758 of 2024IN THE MATTER OF:

Roshan Colonizers Pvt. Ltd. ...Appellant(s) Representing CoC of Grateful Buildinfra Pvt. Ltd.

Versus

Lalluram & Ors. ...Respondent(s) Present: For Appellant : Mr. Vijay Mishra, Advocate For Respondents : Mr. Bhuvan Arora, Advocate for new RP. Mr. Anupam K. Sinha, Mr. Apoorv Jha, Mr. Pradeep K. Tiwari, Mr. Sahilya Srivastava, Advocates for R- 7 to 11.

ORDER

(Hybrid Mode)

12.11.2024: Heard Counsel for the Appellant as well as Ld. Counsel

appearing for Respondent No. 7 to 11.

2. This appeal has been filed against the order passed by Adjudicating

Authority dated 19.12.2023 by which the Adjudicating Authority has

directed the impleadment of Lalluram as a party in IA No. 146/2021.

3. Ld. Counsel for the Respondent has pointed out that IA No. 146/2021

have been finally decided on 28.08.2024 refusing to grant relief as prayed by

the IRP in IA 146/2021.

4. Further it is submitted that by order of the same date Resolution Plan

in the proceeding has also been rejected and IA No. 129/2023 has also been

disposed of.

5. Counsel for the Respondent submits that in view of the subsequent

orders deciding IA 146/2024 finally and rejecting the Resolution Plan this

appeal has become infructuous. Counsel for the Appellant submits that they

have already challenged the order passed on 28.08.2024 by separate appeal

vide diary no. 55352/2024.

6. In view of the subsequent events noticed above we are of the view that

nothing survives to be decided in this appeal. The appeal is dismissed as

infructuous.

7. We make it clear that we are not expressing any opinions on merits of

contention of either of the plan.

[Justice Ashok Bhushan] Chairperson

[Barun Mitra] Member (Technical)

[Arun Baroka] Member (Technical) sr/nn

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