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2022 (2) TMI 622 - AT - Insolvency and BankruptcyApproval of Resolution Plan - HELD THAT:- Since the Resolution Plan, which is under challenge in the present Appeal, is still under consideration before the COC, this Appeal has become infructuous in the circumstances. In the present Appeal, the Appellant had challenged the approved Resolution Plan on the ground that COC ought to have considered the 2nd settlement proposal of the Appellant during the pendency of IA No. 449 of 2021. Based on the application of the promoter, the Adjudicating Authority had directed the COC to consider the 2nd settlement plan. The said Order was challenged in Company Appeal (AT) (insolvency) No. 370, 376-377 and 393 of 2021. These Appeal has been allowed by this Appellate Tribunal and impugned Order dated 19 May 2021 directing the Administrator of the DHFL to place the 2nd settlement proposal of Kapil Wadhawan before the COC for consideration decision, and voting has been set aside - Therefore, this issue does not remain pending for our consideration in the present Appeal. Appeal disposed off.
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