# In the matter of Agarwal Structure Mills Pvt. Ltd. vs. Rajesh Chillale IA Nos. 312, 313, 314 & 358-2021 in Company Appeal (AT) (CH) (Ins) No.155-2021

> NCLAT judgment dated 2023-06-15. Citation: TCN-2023-NCLAT-00439. The case arises from an Impugned Order dated 30.06.2021 in IA No.233 & 234/2021 in CP…

- **Court:** NCLAT
- **Order date:** 15 Jun 2023
- **Citation:** TCN-2023-NCLAT-00439
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/agarwal-structure-mills-pvt-ltd-vs-rajesh-chillale-ia-nos-312-313-314-358-2021-i-db8a6b3f

## Summary

### Background

The case arises from an Impugned Order dated 30.06.2021 in IA No.233 & 234/2021 in CP 277/9/HDB/2019 passed by the National Company Law Tribunal, Hyderabad Bench. The appeal was filed under Section 61 of the Insolvency and Bankruptcy Code, 2016.

## Facts

The Company Appeal (AT) (CH) (Ins) No.155/2021 was filed against an order dated 30.06.2021 passed in IA No.233 & 234/2021 in CP 277/9/HDB/2019 by the National Company Law Tribunal, Hyderabad Bench. The Respondent's counsel informed the Tribunal that orders were passed in the main CP IB/277/9/HDB/2019 on 10.04.2023. Consequently, the order dated 30.06.2021 in IA No.233/2021 in CP(IB) 277/9/HDB/2019 became infructuous.

## Issues and analysis

### Issue 1: Whether the Company Appeal (AT) (CH) (Ins) No.155/2021 should be dismissed as infructuous due to …

**Ratio:** When the basis for an appeal no longer exists or the issue has been resolved in the main

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**Reasoning:** The Tribunal took note of the fact that orders were passed in the main CP(IB)

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**Interpretation:** The term 'infructuous' implies that the appeal has lost its purpose or

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**Application:** Since orders were already passed in the main CP(IB) 277/9/HDB/2019, the

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## Parties

- **Judges:** M. Venu…; Shreesha…
- **Appellants:** M/s. Agarwal…
- **Respondents:** Rajesh Ch…

## Timeline

- **2021-06-30 — Impugned…**: Impugned Order dated 30.06.2021 passed in IA No.233 & 234/2021 in CP 277/9/HDB/2019 by…
- **2023-04-10 — Orders Passed in Main…**: Orders were passed by the National Company Law Tribunal, Hyderabad, in the main CP…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 61 — Appeals and Appellate Authority](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-61)

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