# In the matter of Kunal Dilip Patel vs. George Samuel & Anr. Company Appeal (AT)(Insolvency) No. 03 of 2023

> NCLAT judgment dated 2023-05-25. Citation: TCN-2023-NCLAT-00492. This is a Company Appeal (AT)(Insolvency) No. 03 of 2023. The appeal challenges an order…

- **Court:** NCLAT
- **Order date:** 25 May 2023
- **Citation:** TCN-2023-NCLAT-00492
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/kunal-dilip-patel-vs-george-samuel-anr-company-appeal-07d2bab4

## Summary

### Background

This is a Company Appeal (AT)(Insolvency) No. 03 of 2023. The appeal challenges an order dated 15.11.2022 passed by the Adjudicating Authority in I.A. No. 588 of 2022 and I.A. No. 722 of 2022, both filed by the Suspended Management and the Resolution Professional (RP) respectively. The Suspended Management had filed an I.A. in 2022 challenging the constitution of the Committee of Creditors (CoC). The Adjudicating Authority considered treating the Application as a reply to the RP's Application, but this suggestion was rejected, and the Application was deemed infructuous. The RP filed Application 722 of 2022 praying for liquidation, and the Adjudicating Authority called upon the Management to file a reply. The Liquidation Application is still under consideration.

## Facts

Kunal Dilip Patel is the Appellant. George Samuel & Anr. are the Respondents. The Adjudicating Authority passed an order on 15.11.2022 in I.A. No. 588 of 2022 and I.A. No. 722 of 2022. The Suspended Management filed I.A. No. 588 challenging the constitution of the CoC. The RP filed Application 722 of 2022 seeking liquidation. The Adjudicating Authority rejected the suggestion to treat the Suspended Management's application as a reply to the RP's application. The Liquidation Application is still pending. The Adjudicating Authority held that I.A. 588 had become infructuous. The relevance of these facts lies in the ongoing insolvency resolution process and the challenge to the Adjudicating Authority's decisions regarding the applications filed by the Suspended

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## Issues and analysis

### Issue 1: Whether the Adjudicating Authority's order holding …

**Ratio:** An order should not be passed deeming an application infructuous if the underlying issue

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**Reasoning:** The court reasoned that the Adjudicating Authority's order deeming I.A. No. 588

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**Interpretation:** The interpretation is that an application cannot be deemed infructuous if the

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**Application:** The court applied this principle to the specific facts by setting aside the

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## Parties

- **Judges:** Ashok Bh…; Barun M…
- **Appellants:** Kunal Dilip…
- **Respondents:** George Samuel &…
- **Advocates:** Palash S. S…; Eshna K…; +1 more

## Timeline

- **2022-11-15 — Order by Adjudicating…**: The Adjudicating Authority passed an order in I.A. No. 588 of 2022 and I.A. No. 722 of…
- **2022-01-01 — Suspended Management…**: The Suspended Management filed an I.A. in 2022…

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This is a preview. The full structured summary, issues, precedents and source judgment are available on CaseEase - Legal Intelligence Simplified: https://caseease.in/cases/ibc/nclat-new-delhi/kunal-dilip-patel-vs-george-samuel-anr-company-appeal-07d2bab4