The Karnataka State Co-operative Marketing Federation Limited vs Karnataka Agro Industries Corporation Limited and Krishak Bharati Co-operative Ltd.

Deepak Verma, J.—Sri. P.S. Ranganathan, learned Counsel appeared for appellant, Sri. P.S. Manjunath with Sri. H.C. Shivaramu, learned Counsel appealed for respondent No. 1 and Sri. Aditya Sondhi, learned Counsel appeared for respondent No. 2.

Respondent No. 2 files a Memo along with copy of the order dated 25.11.2008 passed by the Learned Company Judge in Company Application No. 865/2008, through its counsel, Sri. Aditya Sondhi, which is taken on record.

Learned Counsel appearing for respondents contended that with the passage of time, this appeal has been rendered infructuous. According to them, pursuant to the order passed by Learned Company Judge on 25.11.2008, the vehicles, bulldozers and granulated mixing plant have already been sold in public auction and the amounts have been received, after the sale from the prospective auction purchases but the same is to be deposited wife the Learned Company Judge. It has also been contended that pursuant to the said auction having been taken earlier, sales of vehicles and granulated mixing plant have been confirmed in favour of the respective purchasers on 25.11.2008. That being so we are of the considered opinion that for all practical purposes this appeal has been rendered infructuous, wherein challenge was made for sale of granulated mixing plant. It is accordingly dismissed as such.