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Judgment
ORDER
24.11.2023: This appeal is filed by S Pradeep, Proprietor of Protech Engineering Pvt. Ltd. aggrieved against the order dated 01.02.2022 passed in IA(IBC)/460/CHE/2021 in IBA/1099/2019 by National Company Law Tribunal Division bench-II, Chennai by which Application filed by the Resolution Applicant for the approval of the Resolution Plan of Renew Power Services Limited approved by CoC on 03.04.2021 was allowed. It is submitted that in Appeal No. 94/2021, decided on 31.08.2023, the order dated 01.04.2022 has been set aside.
Mr. T.K. Bhaskaran, Counsel appearing on behalf of Respondent No. 2 – M/s Regen Infrastructure And Services Private Limited-has pointed out that a further appeal against the order dated 31.08.2023 passed in Appeal No. 94/2203 was filed before the Hon’ble Apex Court bearing Diary No. 39469/23 filed by CoC against Echanda Urja Private Limited & Ors. in which the following order has been passed:
“COMMITTEE OF CREDITORS OF REGEN POWERTECH PVT. LTD. APPELLANT(S) VERSUS ECHANDA URJA PRIVATE LIMITED & ORS. RESPONDENT(S) Date: 09-10-2023
O R D E R
Leave to appeal(s) is granted. Issue notice, returnable in the month of January 2024. Notice will be served by all modes, including dasti. Notice need not be served on the respondents who are already represented in court and whose counsel have entered appearance. Notices to unrepresented respondents will be served by all modes, including dasti. At this stage, we are not inclined to grant stay of operation of the impugned judgment/order. Reply within six weeks from the date of service. Rejoinder within six from the date of service of the reply. Learned counsel appearing for the Resolution Professional in the case of Regen Infrastructure and Services Pvt. Ltd. (RISPL), has submitted that Civil Appeal Nos. 1162-1163/2023 titled “Mrs. 3 Renuka Devi Rangaswamy v. M/s Regen Powertech Pvt. Ltd. & Ors.” is pending before this Court. He has drawn our attention to the counter affidavit filed by the M/s Regen Powertech Pvt. Ltd (RPPL) in the said case. Let the said counter affidavit be placed on record along with the list of documents. Parties are entitled to raise all pleas and contentions before the NCLT/Adjudicating Authority/ Resolution Professional.
In view of the above facts and circumstances, Counsel appearing for Appellant submits that the present appeal has become redundant and infructuous and the same may be dismissed as infructuous. We order accordingly. The present appeal is hereby dismissed as infructuous.