Saurabh Kumar Tikmani Resolution ... vs M/S Nrsks Mines And Minerals Pvt Ltd

In the matter of : Saurabh Kumar Tikmani Resolution Professional Lanco Amarkantak Power Ltd. ...Appellant V M/s. NRSKS Mines and Minerals Pvt. Ltd. ...Respondent Present: For Appellant : Mr. Ayush Mitruka, Advocate For Respondents : No Appearance

ORDER

(Hybrid Mode)

28.06.2024:

For the last couple of hearings, the Respondent has not been appearing

in the instant Company Appeal. Even none is present today. The Learned

Counsel for the Appellant is present & he states that owing to the Interim

Orders passed by this Tribunal, the purpose of preferring this Appeal by him

has been achieved because he has been able to undertake and to conclude the

fresh bidding process and the consequences thereto. The contract has been

executed and ultimately the tenure of the contract too has expired. The

Learned Counsel for the Appellant further submits that certain findings have

been recorded in the Impugned Order vide Para 8 & 9 which, though not

personally against the Appellant herein, still continue to have some bearing

T.A. (AT) No. 249/2021(CA (AT) (Ins) No.904/2020) Page 1 of 2 with regards to the performance of the contract which he has executed and

these comments are to be addressed suitably. In this connection it is opined

that the observations made in Para 8 & 9 with regards to the performance of

the contractual liability would be read only for the purpose of the instant

disputed contract which was subject matter of consideration before the

NCLT and ultimately before this Tribunal in this Company Appeal. The

observations in Para 8 & 9 relate to the then contractual process, which was

subsequently proceeded with by the Appellant and they will not be creating

any embargo as such, as against the action of Appellant. Owing to the fact

that the process has already been completed and ultimately the term of the

subsequent contract too has run its full course, for all practical purposes the

Company Petition has been rendered infructuous. Accordingly, the

Company Appeal would stand dismissed as having rendered infructuous.

[Justice Sharad Kumar Sharma] Member (Judicial)

[Jatindranath Swain] Member (Technical)

RO/TM

T.A. (AT) No. 249/2021(CA (AT) (Ins) No.904/2020) Page 2 of 2