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Judgment
O R D E R
08.12.2023 Heard Learned Counsel for the Appellant. Learned Counsel for the Appellant submits that Company Appeal (AT) (Ins) No. 1138 of 2023 be permitted to be withdrawn. Due to the subsequent event it has become infructuous. The Company Appeal (AT) (Insolvency) Nos. 1138 of 2023 is dismissed as withdrawn.
Company Appeal (AT) (Ins) No. 1139 of 2023 has been filed against the order dated 30.06.2023 in I.A. No. 459 of 2022 filed by the Appellant objecting to the I.A. No.403 of 2022 filed by the Resolution Professional for approval of the plan.
In view of the approval of the plan by order dated 30.06.2023 we are of the view that no effective orders can be passed in I.A. No. 459 of 2022 and the rejection of the objection and consequent of the approval of the plan have become final. The grievance which has been made by the Learned Counsel for the Appellant is that with regard to the nature of the claim, the appellant is entitled to file fresh claim in the liquidation proceeding which may be considered without being influenced by observations made by the Adjudicating Authority in the impugned order.
In view of the fact that Appellant is entitled to file a fresh claim in the liquidation proceeding, we are of the view that if such claim is filed in the liquidation proceeding the same shall be considered and decided in accordance with law without being influenced by the observations made by the Adjudicating Authority in the order dated 30.06.2023. With these observations we dispose of Company Appeal (AT) (Ins) No. 1139 of 2023.