# In the matter of Millennium Footwear Pvt. Ltd. Misc.A.(IB)No.215-KB-2019 in CP (IB) No. 1253-KB-2018

> NCLT judgment dated 2019-04-29. Citation: TCN-2019-NCLT-03640. Misc. A. (IB) No. 215/KB/2019 is an application filed by the Resolution Professional. The…

- **Court:** NCLT
- **Order date:** 29 Apr 2019
- **Citation:** TCN-2019-NCLT-03640
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/millennium-footwear-pvt-ltd-miscaibno215-kb-2019-in-cp-ib-no-1253-kb-2018-cd04e4fd

## Summary

### Background

Misc. A. (IB) No. 215/KB/2019 is an application filed by the Resolution Professional. The application was brought to the notice of the Tribunal after the disposal of CA(IB) No. 229/KB/2019, which was filed for withdrawal of the C.P. u/s. 12A of the I & B Code, 2016.

## Facts

Misc. A. (IB) No. 215/KB/2019 was filed by the Resolution Professional. CA(IB) No. 229/KB/2019, filed for withdrawal of the C.P. u/s. 12A of the I & B Code, 2016, was already disposed of. The disposal of CA(IB) No. 229/KB/2019 made the prayers in Misc. A. (IB) No. 215/KB/2019 infructuous.

## Issues and analysis

### Issue 1: Whether Misc. A. (IB) No. 215/KB/2019 should be disposed of, considering the disposal of CA(IB) No. …

**Ratio:** An application becomes infructuous if the underlying circumstances or prayers are already

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**Reasoning:** The court reasoned that since CA(IB) No. 229/KB/2019, which sought withdrawal of the CIRP

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**Interpretation:** The interpretation is that once the primary relief sought in an earlier

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**Application:** The ratio and reasoning were applied to the fact that CA(IB) No. 229/KB/2019

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## Parties

- **Judges:** Jinan…; Harish Chander…
- **Respondents:** Associated…

## Timeline

- **2019-04-29 — Hearing…**: Hearing held on April…
- **N/A — Disposal of CA(IB) No.…**: CA(IB) No. 229/KB/2019 was disposed of, leading to the current application becoming…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 12A — (1) Subject to sub](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-12a)

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