TMI Blog2022 (10) TMI 94X X X X Extracts X X X X X X X X Extracts X X X X ..... 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. - Company Appeal ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... proceeding filed by the Respondent No.2 to the said Appeal (Neeraj Gupta). A copy of the said order was also placed in the records of this Appeal. 4. Subsequently, the Respondent No.2 to this Appeal filed Civil Appeal No. 4433-4435/2019 before the Hon ble Supreme Court challenging orders dated 04.04.2019, 05.04.2019 and 15.04.2019 passed by this Tribunal in the present appeal. When the Appeal was taken before the Hon ble Supreme Court it was submitted by learned counsel for the Appellant that insolvency process having been set aside this appeal being Company Appeal (AT) (Ins.) No. 107 of 2019 which is pending in this Tribunal ought to have been closed. The Hon ble Supreme Court considering the said submission disposed of the Appeals for ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed to refund of monies that it has paid. This refund will be made by Respondent No.3 within a period of four weeks from today with 10.7% interest. It is made clear that this order is not to be treated as a precedent. The insolvency proceeding filed by the Respondent No.2 is therefore set aside. Accordingly, the appeal is disposed of. Pending applications also stand disposed of. 7. As noted above, subsequently when further 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) filed Civil Appeal No. 4433-4435/2019 which has been disposed of by the Hon ble Supreme Court on 15.09.2022. The Hon ble Supreme Court in the afor ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
