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Judgment
ORDER
The Appellant has preferred this Appeal by challenging the Order dated 17.08.2020 passed by the National Company Law Tribunal, New Delhi Bench (Court-II) in I.A. 2712/ND/2020 in Company Petition No. (IB)- 299/ (ND)/2019, whereby, the Learned Adjudicating Authority had disposed of the I.A. No. 2712/ 2020.
From the perusal of the Order dated 16.11.2021 passed by this Appellate Tribunal it appears that nobody appears on behalf of the Respondents. Registry was directed to intimate the next date of the proceeding to the Respondents Counsel and the matter was directed to be listed on 11.01.2022.
On last occasion i.e. on 11.01.2022, the Learned Counsel for the Respondent had appeared but nobody appeared on behalf of the Appellant and Registry was directed to intimate the next date of the proceeding to the Appellant Counsel.
In terms of the Order dated 11.01.2022, Learned Counsel for the Respondent No. 2 has filed Status Report in a seal cover on 21.02.2022. Let this Status Report be kept on record.
From the perusal of the Status Report in Para 19, it has been stated that:
“Section 35 (2) of the Code read with Regulation 8 of the Liquidation Regulation, during the Liquidation Period, a total of Eight (8) SCC Meetings have been conducted by the Respondent.”
Further, in Para 20 of the Status Report it has been stated that:
“Liquidation Process of the Corporate Debtor, has distributed the proceeds generated from the sale of the assets of the Corporate Debtor amongst the stakeholders of the Corporate Debtor on 29.06.2021 and 29.01.2022. Copies of the Tabular Charts depicting the distribution made by the Respondent on 29.06.2021 and 29.01.2022 are collectively annexed herewith and marked as ANNEXURE-4 (COLLY).”
IN COMPANY APPEAL (AT) (INSOLVENCY) No. 844 of 2020:
The Appellant has preferred this Appeal by challenging the Order dated 17.08.2020 passed by the National Company Law Tribunal, New Delhi Bench (Court-II) in I.A. 638/CII/ND/2020 in Company Petition No. (IB)- 299/ (ND)/2019, whereby, the Learned Adjudicating Authority had disposed of the I.A. No. 638/CII/ND/2020.
In terms of the Order dated 11.01.2022, Learned Counsel for the Respondent No. 2 has filed Status Report in a seal cover on 21.02.2022. Let this Status Report be kept on record.
From the perusal of the Status Report in Para 19, it has been stated that:
“Section 35 (2) of the Code read with Regulation 8 of the Liquidation Regulation, during the Liquidation Period, a total of Eight (8) SCC Meetings have been conducted by the Respondent.”
Further, in Para 20 of the Status Report it has been stated that:
“Liquidation Process of the Corporate Debtor, has distributed the proceeds generated from the sale of the assets of the Corporate Debtor amongst the stakeholders of the Corporate Debtor on 29.06.2021 and 29.01.2022. Copies of the Tabular Charts depicting the distribution made by the Respondent on 29.06.2021 and 29.01.2022 are collectively annexed herewith and marked as ANNEXURE-4 (COLLY).”
As both the Appeals have become infructuous, therefore, the Appeals i.e. Company Appeal (AT) (Ins.) No. 833 of 2020 & Company Appeal (AT) (Ins.) No. 844 of 2020 are hereby dismissed as withdrawn with a liberty to the Appellant to prefer a fresh Appeal in both the Appeals.