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2022 (10) TMI 94 - AT - Insolvency and BankruptcyMaintainability of application - initiation of CIRP - Corporate Debtor failed to make repayment of its dues - Financial Creditors - existence of debt and dispute or not - HELD THAT:- When interim orders were passed in this Appeal being orders dated 04.04.2019, 05.04.2019 and 15.04.2019, the Respondent No. 2 in the present Appeal (Company) EMAAR MGF LAND LIMITED VERSUS HADI MOHD TAHER BADRI & ORS. [2022 (10) TMI 48 - SUPREME COURT] which has been disposed of by the Hon’ble Supreme Court on 15.09.2022. The Hon’ble Supreme Court in the aforesaid Civil Appeal No. 4433-4435/2019 noticed the submission of the Appellant that in view of the order passed by Hon’ble Supreme Court in DR. VIRENDRA SWARUP INSTITUTE OF COMPUTER STUDIES VERSUS HADI MOHD TAHER BADRI & ORS. [2019 (3) TMI 1994 - SUPREME COURT], the Company Appeal (AT) (Ins.) No. 107 of 2019 pending in this Tribunal has become infructuous. After perusing both the orders dated 29.03.2019 and 15.09.2022 passed by Hon’ble Supreme Court are of the opinion that in view of the order passed on 29.03.2019 this appeal itself has become infructuous. The order initiating the CIRP itself having been set aside by the Hon’ble Supreme Court by order dated 29.03.2019, there is no occasion to keep this appeal pending - Appeal dismissed.
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