# In the matter of Indison Agro Foods Ltd. Vs. Registrar and Anr. CA(AT)(Ins)No. 726-727 of 2020

> NCLAT judgment dated 2020-08-24. Citation: TCN-2020-NCLAT-00154. The Company Appeal (AT) (Insolvency) No. 726-727 of 2020 was filed by Indison Agro Foods Ltd.…

- **Court:** NCLAT
- **Order date:** 24 Aug 2020
- **Citation:** TCN-2020-NCLAT-00154
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/indison-agro-foods-ltd-vs-registrar-and-anr-ca-6b9f867c

## Summary

### Background

The Company Appeal (AT) (Insolvency) No. 726-727 of 2020 was filed by Indison Agro Foods Ltd. against Registrar & Anr. The appeal was regarding an impugned order that had been adjourned to August 18, 2020. The appellant's counsel informed the court that the matter is now posted for August 27, 2020, before a Single Bench of the National Company Law Tribunal, Indore Bench at Ahmedabad. The appellant's counsel referred to an order passed by the Hon'ble Apex Court in Writ Petition No. 722 of 2019, which directed that a case of identical nature be heard by a Bench comprising of a Judicial Member and a Technical Member.

## Facts

Indison Agro Foods Ltd. filed an appeal against Registrar & Anr. The matter was previously adjourned to August 18, 2020. The appellant's counsel informed the court that the matter is now scheduled for August 27, 2020, before a Single Bench of the NCLT Indore Bench at Ahmedabad. The appellant referred to an order by the Supreme Court in Writ Petition No. 722 of 2019, which directed similar cases to be heard by a bench comprising a Judicial Member and a Technical Member. The court found the appeal to be infructuous because the adjourned date had passed.

## Issues and analysis

### Issue 1: Whether the appeal has become infructuous …

**Ratio:** An appeal becomes infructuous if the event or condition that the appeal seeks to address

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**Reasoning:** The court reasoned that the matter, in terms of the impugned order, stood adjourned to

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**Interpretation:** The interpretation is that if a specific date or event is central to the

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**Application:** In this case, the appeal was based on an order adjourned to August 18, 2020.

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## Parties

- **Judges:** Bansi Lal…; Jarat Kuma…; +1 more
- **Appellants:** Indison Agro…
- **Respondents:** Registrar…

## Timeline

- **2019-06-20 — Order by Hon'ble Apex…**: Hon'ble Apex Court passed an order in Writ Petition No. 722 of 2019 directing that cases…
- **2020-08-18 — Previous Adjournment…**: The matter was previously…

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