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Judgment
Per: Prabhat Kumar, Member (Judicial)
This Misc. Application was filed by Mr. Vipul Mittal, the then Resolution Professional of the Corporate, who has since deceased and upon his death, Ms. Deepa Gupta (hereinafter referred to as the “Applicant”) was appointed as Resolution Professional by the CoC and it was confirmed by the Adjudicating Authority. This application was filed on 24.02.2020 seeking an exclusion of 44 days and extension of the CIRP period so as to end on 17.07.2020;
During the pendency of this Application, the Punjab National Bank being the sole member of CoC passed a resolution in its Fifth CoC meeting held on 09.10.2020 for liquidation of the Corporate Debtor and thereupon, the RP moved an Application u/s 33 of the Code for liquidation of the Corporate Debtor.
In view of the Resolution for liquidation of the Corporate Debtor having been passed by the CoC and taking note that the denial of extension/exclusion by this Bench also result into the liquidation of the Corporate Debtor u/s 33 of the Code, this Bench feels that nothing remains in this Application. Therefore, this M.A.712/2022 is dismissed as infructuous.