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Judgment
O R D E R
10.01.2024: This Appeal has been filed against the Order dated 22.09.2023 passed by the Adjudicating Authority in I.A. No. 656 of 2023 which was passed in the CIRP of the Corporate Debtor-Asian Hotels West Limited. The Order was passed on the Application filed by Aria Hotels and Consultancy Services Private Limited.
Learned Counsel for the parties agree that in view of the Judgment passed by this Tribunal on 09th January, 2024 in Company Appeal (AT) (Ins.) No. 1192 & 1193 of 2022 & I.A. No. 3897-3898, 3776-3777, 4512, 4520 of 2023 where applications and appeal was allowed in following manner in Paragraph 42:
“42.In result, I.A. No. 3987-3988 of 2023 in Company Appeal (AT) (Ins.) No.1192-1193 of 2022 as well as I.A. No.3903-3904 of 2023 in Company Appeal (AT) (Ins.) No.1338-1339 of 2022 and I.A. No. 3905 of 2023 in Company Appeal (AT) (Ins.) No. 1341 of 2022 deserve to be allowed and are hereby allowed. While allowing the aforesaid IAs, we decide all the Appeals in following manner:
(i)The Proposal under 12A submitted by the Appellant dated 11.08.2023 as revised on 04.10.2023 is accepted. The CIRP is closed. The order dated 16.09.2022 admitting Section 7 application is set aside.
(ii)The amount deposited by the Appellant in pursuance of order dated 17.10.2023 in which lien is marked to the Registrar, NCLAT is directed to be remitted to the Resolution Professional for distribution of 100% dues of all Creditors. Resolution Professional may also invoke the Bank Guarantee of Rs.40 Crore already deposited. The Registrar, NCLAT shall intimate both the Banks; Kotak Mahindra Bank and IDBI Bank in reference to FDR in which lien is marked to the Registrar, NCLAT to discharge the lien and remit amount to the Resolution Professional in the bank account as to be communicated by the Resolution Professional to both Kotak Mahindra Bank and IDBI Bank in which remittance shall be made in one week from today. The Resolution Professional shall distribute the amount so deposited within further period of three weeks.
(iii)Company Appeal (AT) (Ins.) No.1192-1193 of 2022, Company Appeal (AT) (Ins.) No.1338-1339 of 2022 and Company Appeal (AT) (Ins.) No. 1341 of 2022 are disposed of as above.
(iv)In view of orders passed in above Appeals, no orders are required in Company Appeal (AT) (Ins.) No.1271 of 2022, which is dismissed having become infructuous.
Parties shall bear their own costs.”
the issues in this appeal does not survive any further for consideration. In view of the aforesaid, we dispose of the Appeal, set aside the Order dated 22.09.2023 since CIRP has already been closed by the above Judgment.
The Appeal is disposed of, accordingly.