# In the matter of Sunita Prataprao Power & Anr. vs. Manoj Kumar Agarwal

> NCLAT judgment dated 2023-09-01. Citation: TCN-2023-NCLAT-00226. The Appellants filed an appeal against the order dated 15.02.2023 passed by the Adjudicating…

- **Court:** NCLAT
- **Order date:** 1 Sept 2023
- **Citation:** TCN-2023-NCLAT-00226
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/sunita-prataprao-power-anr-vs-manoj-kumar-agarwal-5e769a89

## Summary

### Background

The Appellants filed an appeal against the order dated 15.02.2023 passed by the Adjudicating Authority (National Company Law Tribunal, Mumbai Bench) in I.A. No. 2657 of 2022 in C.P. (IB)/1633(MB) of 2019. The Adjudicating Authority dismissed the Application filed by the Appellants seeking direction against the Respondent-Resolution Professional to condone the delay and admit their claim. The Resolution Plan, along with its addendum, was approved by the CoC members in its 2nd adjourned 25th CoC meeting held on 2nd August, 2021. The Resolution Plan was approved by the Hon'ble NCLT on 24th August, 2021. The Hon'ble NCLT via its order dated 23rd June, 2023 (Received on 26th June, 2023 through the NCLT website) has approved the Resolution Plan.

## Facts

Mrs. Sunita Prataprao Power & Anr. filed an appeal against an order dated 15.02.2023 passed by the Adjudicating Authority (National Company Law Tribunal, Mumbai Bench) in I.A. No. 2657 of 2022 in C.P. (IB)/1633(MB) of 2019. The Adjudicating Authority dismissed the Appellants' application seeking direction against the Respondent-Resolution Professional to condone the delay and admit their claim. The CoC members approved the Resolution Plan along with its addendum in its 2nd adjourned 25th CoC meeting held on 2nd August, 2021. The Resolution Plan was approved by the Hon'ble NCLT on 24th August, 2021. The Hon'ble NCLT via its order dated 23rd June, 2023 (Received on 26th June, 2023 through the NCLT website) has approved the Resolution Plan. The Respondent/Resolution

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## Issues and analysis

### Issue 1: Whether the appeal filed by the Appellants against the order of the Adjudicating Authority is …

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

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**Reasoning:** The court noted that the NCLT had already approved the Resolution Plan, as indicated in

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**Interpretation:** The principle of an appeal becoming infructuous is based on the idea that

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**Application:** In this case, the NCLT's approval of the Resolution Plan rendered the

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## Parties

- **Judges:** Anant Bijay…; Ajai Das Me…
- **Appellants:** Sunita Prataprao…
- **Respondents:** D.S. Kulkarni…; Manoj Kumar…

## Timeline

- **2021-08-02 — CoC Meet…**: The CoC members in its 2nd adjourned 25th CoC meeting held on this date approved the…
- **2021-08-13 — End of E-…**: E-voting ended on this…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 30(6) — Submission of resolution plan](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-30)

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