Tribunals and CommissionsDivision Bench(2023) 09 NCLAT CK 3485

Ashique Ponnamparambath vs Reuben Joseph, Liquidator Of Platino Classic Motors India Pvt. Ltd.

National Company Law Appellate Tribunal, CHENNAI Bench · Decided on 27 September 2023

HON’BLE JUDGES
M. Venugopal, Member (Judicial) · Shreesha Merla, Member (Technical)
CASE NUMBER
Company Appeal (AT) (CH) (Ins) No.4/2023 (IA Nos.8 & 7/2023)

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Judgment

4 paragraphs · 199 words

ORDER

It is brought to the ‘Notice’ of this ‘Tribunal’ that in Comp App (AT) (CH) (Ins) No.22/2023, this ‘Tribunal’, had passed an Order of Disposal on 27.07.2023 and it is projected on the side of the Respondent that the substantial contention raised on behalf of the ‘Appellant’ is that the proposal for effectuating a combined/group ‘Resolution Plan’ of the ‘Corporate Debtor’ and ‘M/s. Koyenco Autos Private Limited’ was rejected. Furthermore, it is brought to the ‘Notice’ of this ‘Tribunal’ that the ‘Corporate Debtor’ is a subsidiary of ‘M/s. Koyenco Autos Private Limited’ and in the ‘Order of Liquidation’ of ‘M/s. Koyenco Autos Private Limited’ in Comp App (AT) (CH) (Ins) No.22/2023 has been dismissed on 27.07.2023.

In view of the above, it is represented on behalf of the ‘Respondent’ that the instant Comp App (AT) (CH) (Ins) No.4/2023 has become an ‘Otiose’ and an ‘Infructuous’ one and this fact is not disputed on behalf of the Appellant’s side.

Hence, this ‘Tribunal’ dismisses the Comp App (AT) (CH) (Ins) No. 4 / 2023 as an ‘Infructuous’ one. No costs. The connected pending IA No.8 / 2023 (`For Stay’) & IA No. 7 / 2023 (`Leave to File’) are Closed.