Tribunals and CommissionsFull Bench(2024) 04 NCLAT CK 0077

Shree Ganesh Construction vs Lakshmi Cotsyn Ltd

National Company Law Appellate Tribunal · Decided on 25 April 2024

HON’BLE JUDGES
Ashok Bhushan, Chairperson · Barun Mitra, Member (T) · Arun Baroka, Member (T)
RESULT
Dismissed
CASE NUMBER
Company Appeal (AT) (Insolvency) No. 782 Of 2024

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Judgment

9 paragraphs · 242 words
1.

This Appeal has been filed against the order dated 19.03.2024 challenging the order passed in I.A. 608 of 2023.

2.

Appellant is a Successful Auction Purchaser of items of the Corporate Debtor i.e., demolition of the structure and removal of all debris generated from demolished structure of malwa units.

3.

The Letter of Intent (LoI) was issued. The Appellant deposited certain amount but was not been able to deposit the amount and I.A. 608 of 2023 was filed seeking direction to grant four weeks time for making the payment which application was got dismissed as having become infructuous by the impugned order. Impugned order in I.A. 608/2023 is as follows:

“1. Ld. Counsel representing the applicant at the outset states that this application has become infructuous in view of the prayers made therein.

2.

As per the statement made by the Ld. Counsel representing the applicant, the IA No.608/2023 is dismissed as having become infructuous.

3.

Accordingly, IA No.608/2023 stands disposed off.”

4.

Learned Counsel for the Appellant has now submits that he should be given four weeks time to deposit the amount and the Auction which is scheduled for tomorrow be stayed.

5.

We are of the view that when the application filed by the Appellant seeking four weeks time was got dismissed as infructuous, we see no reason to entertain this Appeal challenging the said order.

We do not find any merit in the Appeal. The Appeal is dismissed.