# In the matter of B.Raghu Rami Reddy vs. Mahalingam Suresh Kumar, IA Nos. 363, 364, 366, 687 & 688-2022 in Company Appeal (AT)(CH) (Ins) No.157-2022

> NCLAT judgment dated 2023-06-13. Citation: TCN-2023-NCLAT-00442. The appeal arises from an order dated 17/02/2022 in IA/47/2021 in IBA/216/2019 along with…

- **Court:** NCLAT
- **Order date:** 13 Jun 2023
- **Citation:** TCN-2023-NCLAT-00442
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/braghu-rami-reddy-vs-mahalingam-suresh-kumar-ia-nos-363-364-366-687-688-2022-in-01bbbab5

## Summary

### Background

The appeal arises from an order dated 17/02/2022 in IA/47/2021 in IBA/216/2019 along with IA/938/2021 in IBA/216/2019, passed by the ‘Adjudicating Authority' (National Company Law Tribunal, Division Bench-I, Chennai). A 'Memo' was filed on behalf of the Respondent before the 'Office of the Registry', dated 14.02.2023, stating that the 'Successful Resolution Applicant' M/s. Ansio Private Limited, had contravened 'The Approved Terms of Resolution Plan'. The 'Monitoring Committee' had recommended liquidation of the 'Corporate Debtor'. IA 985/2022 was filed for liquidation of the 'Corporate Debtor', which was allowed by the National Company Law Tribunal, Chennai Bench, through its Order dated 24.01.2023, in IBA/216/2019, appointing the Respondent as Liquidator.

## Facts

The 'Successful Resolution Applicant' M/s. Ansio Private Limited, contravened 'The Approved Terms of Resolution Plan'. The 'Monitoring Committee' recommended liquidation of the 'Corporate Debtor'. The National Company Law Tribunal, Chennai Bench, allowed the liquidation of the 'Corporate Debtor' through an order dated 24.01.2023, in IBA/216/2019, appointing the Respondent as Liquidator. An appeal was filed against the impugned order dated 17/02/2022. A memo was filed before the registry on 14.02.2023 stating the contravention of the resolution plan.

## Issues and analysis

### Issue 1: Whether the appeal should be dismissed as infructuous given that the liquidation of the 'Corporate …

**Ratio:** An appeal becomes infructuous when the underlying issue has already been resolved or

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**Reasoning:** The court reasoned that since the liquidation of the 'Corporate Debtor' had already been

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**Interpretation:** The principle of an appeal becoming infructuous is interpreted to mean that the

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**Application:** In this case, the court applied the principle by recognizing that the NCLT's

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## Parties

- **Judges:** M. Venu…; Shreesha…
- **Appellants:** B.Raghu Ram…
- **Respondents:** Mahalingam Suresh…
- **Advocates:** Poornima…; K.K. Sivash…; +1 more

## Timeline

- **2019-01-01 — IBA/216/…**: Proceedings in…
- **2022-02-17 — Impugned…**: Impugned Order dated 17/02/2022 in IA/47/2021 in IBA/216/2019 along with IA/938/2021 in…

## 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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