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Judgment
Rakesh Kumar Jain: (Oral)
As per order dated 10.08.2023, this case was adjourned to 22.09.2023, but it has been shown in today’s the cause in the category of ‘for hearing’ as it is stated that 22.09.2023 was inadvertently mentioned in the order dated 10.08.2023 which was in fact 22.08.2023 as announced in court in the presence of the parties, therefore, both Counsel for the parties have appeared in this case today and submitted that they have no objection if the present appeal is heard today. we order accordingly.
This appeal is directed against the order dated 13.12.2021 passed by the Adjudicating Authority (National Company Law Tribunal, Mumbai Bench, Court III) by which an application bearing I.A. No. 1238 of 2021, filed by auction purchaser, has been disposed of with a direction to the Appellant herein, to restore the electricity of the auctioned property without insisting any payment, within two days from the date of receipt of that order.
Shorn of unnecessary details, the Adjudicating Authority passed the order on 12.02.2020 on an application under Section 33 of the Insolvency and Bankruptcy Code, 2016 (in short ‘Code’), admitting Turbo Metals Pvt. Ltd. (CD) into liquidation. The Respondent herein is the successful auction purchaser of the assets of the Corporate Debtor in the auction. Since, the electricity connection was not restored to the auction purchaser, therefore, it filed an application bearing I.A. No. 1238 of 2021, which was disposed of vide impugned order dated 13.12.2021 with a direction mentioned hereinabove.
Counsel for the Appellant has submitted that the electricity connection of the Corporate Debtor, purchased by the auction purchaser, was in the process of being restored but in the meantime, auction purchaser filed I.A. No. 2779 of 2021 for seeking further direction of restoration of electricity, however, the said application was disposed of as having become infructuous vide order dated 04.03.2022. The order is as under:-
I.A. No. 2779 of 2021
The Above Application is filed by Successful Auction Purchasers for restoration of electricity of the Corporate Debtor has become infructuous in view of complying the grievances by the concerned electricity department. Accordingly, above application bearing no. 2779 of 2021 is disposed of.”
Counsel for the Appellant has further submitted that thereafter an order has also been passed in I.A. No. 2359 of 2021 on 11.01.2023 by which the Corporate Debtor has been dissolved and as such all the proceedings have been closed.
Counsel for the Appellant has submitted that in view of the aforesaid facts and circumstances, the present appeal has become infructuous.
Counsel for the Respondent has not raised any objection in this regard.
In view of the statement made by the Counsel for the Appellant, the present appeal is hereby disposed of as having become infructuous.