Tribunals and CommissionsDivision Bench(2023) 03 NCLAT CK 4103

P.V. Nidhish vs Dr. N.P. Kamalesh & Anr.

National Company Law Appellate Tribunal, CHENNAI Bench · Decided on 2 March 2023

HON’BLE JUDGES
M. Venugopal, Member (Judicial) · Shreesha Merla, Member (Technical)
CASE NUMBER
TA (AT) No. 215/2021 (Company Appeal (AT) (Ins) Nos. 1477/2019)

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Judgment

5 paragraphs · 295 words

ORDER

It is represented by Mr. Kiran, the Learned Counsel representing Mr. Bijoy P Pulipra (Erstwhile Resolution Professional), that the ‘CIRP’ Process was completed on 22/02/2023 and the ‘Resolution Plan’ was fully implemented and nothing ‘Survives’ in both the ‘Appeals’, i.e. Company Appeal (AT) (Ins) No. 1477 of 2019 and Company Appeal (AT) (Ins) No. 1478 of 2019.

The Learned Counsel Mr. Kiran, representing the ‘Erstwhile Resolution Professional’, Mr. Bijoy P Pulipra, brings it to the ‘Notice’ of this ‘Tribunal’ that this ‘Tribunal’, on 03/01/2020 had directed the Learned Counsel for the ‘Appellant’, to file an ‘Additional Affidavit’, enclosing the ‘Terms of Settlements and Schemes’, if any, for paying all the ‘Creditors’, within ‘One week’, and further the ‘Resolution Professional’, ‘LIC Housing Finance Limited’ and ‘Committee of Creditors’ were permitted to file their respective ‘Reply Affidavits’, within ‘One week’, from the date of the receipt of ‘Additional Affidavit’, enclosing the ‘Terms of Settlements and Schemes’ etc.

It comes to be known that on 05/02/2020, this ‘Tribunal’ had recorded that the ‘Affidavits’, as directed on last date were not filed and directed the ‘Appeals’ to be ‘Heard’ on ‘Merits’ and directed the matter to be ‘Listed’, for ‘Hearing’, on 19/02/2020. Till date, the ‘Affidavits’ in question, have not been filed before the ‘Office of the Registry’.

Today, there is ‘No Representation’ on the side of the ‘Appellant’ in these ‘Appeals’. Considering the fact that the ‘CIRP’ was completed, as early as on 22/02/2021 and the ‘Resolution Plan’, was implemented, as informed, on behalf of the ‘Erstwhile Resolution Professional’, Mr. Bijoy P Pulipra, through Mr. Kiran, the Learned representing Counsel, this ‘Tribunal’ ‘Dismisses’ these ‘Appeals’ as ‘Nothing’, ‘Survives’ for ‘Adjudication’, because they have become an ‘Infructuous’ one. No ‘Costs’. Connected Pending Interlocutory Application(s), if any, are ‘Closed’.