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Judgment
Lakshmi Gurung, Member Judicial
I.A. 4369/2023
None appeared for the Applicant. Adv. Hamd Bhal i/b Junarkar G Associates appearing for the Original Petitioner, Adv. Rishab Jain appearing for the Corporate Debtor and Adv. Sonam Mhotre appearing for the Respondent No.16 are present.
This is an application filed by the Applicant, Delight City of Joy Co-Operative Housing Society Limited seeking following reliefs:
a. The moratorium under section 14 of the IBC 2016 shall not apply to the property under consideration for ‘deemed conveyance’.
b. Notwithstanding commencement of the Corporate Insolvency Resolution Process, the respondent no.3 is free to allow and grant ‘deemed conveyance’ to the applicant if he finds it otherwise appropriate.
c. The property under consideration, shall not form part of disposable asset of the company undergoing the resolution process.
However, when the matter was called, nobody appeared on behalf of the Applicant. It is noticed from the order of this Adjudicating Authority dated 12.04.2023 that an application filed under Section 12A for withdrawal of the CIRP was allowed and the main Company Petition bearing C.P.(IB)-176(MB)/2020 was disposed of.
Therefore, the above prayer sought by the applicant seeking that moratorium should not be applied to the property under consideration appears to be infructuous as there is no CIRP and consequently no moratorium is going on against the Corporate Debtor.
In view of the above, the above I.A. 4369/2023 is disposed of as infructuous.