# In the matter of Committee of Creditors of Vallabh Textiles Company Ltd. Through Sumat Gupta, RP vs. Aggarsain Spinners Ltd. & Anr. I.A. No. 2252, 2253 of 2022 in Company Appeal (AT) (Ins) No. 813 of 2022

> NCLAT judgment dated 2023-05-15. Citation: TCN-2023-NCLAT-00530. The case involves a Company Appeal (AT) (Ins) No. 813 of 2022 before the National Company Law…

- **Court:** NCLAT
- **Order date:** 15 May 2023
- **Citation:** TCN-2023-NCLAT-00530
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/committee-of-creditors-of-vallabh-textiles-company-ltd-through-sumat-gupta-rp-vs-19930dfc

## Summary

### Background

The case involves a Company Appeal (AT) (Ins) No. 813 of 2022 before the National Company Law Appellate Tribunal (NCLAT), Principal Bench, New Delhi. The appeal was filed by the Committee of Creditors of Vallabh Textiles Company Ltd. through Sumat Gupta, RP, against Aggarsain Spinners Ltd. & Anr. The appellant's counsel submitted that the present appeal has become infructuous.

## Facts

The Committee of Creditors of Vallabh Textiles Company Ltd., represented by Sumat Gupta, RP, filed an appeal against Aggarsain Spinners Ltd. & Anr. before the NCLAT. During the proceedings, the appellant's counsel, Mr. Abhishek Anand, submitted that the appeal had become infructuous because of an order dated 09.12.2022 passed by the Supreme Court in Civil Appeal Nos. 7015-7016 of 2022. The NCLAT considered this submission and, in light of the circumstances, dismissed the appeal as infructuous. The key fact is the Supreme Court's order, which rendered the NCLAT appeal without purpose.

## Issues and analysis

### Issue 1: Whether the present appeal has become infructuous in view of the order dated 09.12.2022 passed by …

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

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**Reasoning:** The court reasoned that the Supreme Court's order had effectively resolved the matter,

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**Interpretation:** The interpretation is that a lower court appeal loses its relevance and

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**Application:** In this case, the Supreme Court's order directly impacted the subject matter of

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## Parties

- **Judges:** Rakesh Kuma…; Naresh Sa…
- **Appellants:** Committee of…
- **Respondents:** Vallabh Textiles…; Aggarsain…

## Timeline

- **2022-12-09 — Supreme Cour…**: The Hon'ble Supreme Court passed an order…
- **2023-05-15 — NCLAT Or…**: The NCLAT dismissed the Company Appeal (AT) (Ins) No. 813 of 2022 as infructuous, based…

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