# In the matter of Skylark Mansions Pvt. Ltd. I.A. Nos.397, 518 of 2020, 41, 69, 98, 168, 169 of 2021, 523 of 2022 & 121, 134, 142 of 2023 in C.P. (IB)No.389-BB-2019

> NCLT judgment dated 2023-02-28. Citation: TCN-2023-NCLT-04433. The case involves multiple I.A.s (Interlocutory Applications) filed in connection with a…

- **Court:** NCLT
- **Order date:** 28 Feb 2023
- **Citation:** TCN-2023-NCLT-04433
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/skylark-mansions-pvt-ltd-ia-nos397-518-of-2020-41-69-98-168-169-of-2021-523-of-2-a4380e3a

## Summary

### Background

The case involves multiple I.A.s (Interlocutory Applications) filed in connection with a Corporate Insolvency Resolution Process (CIRP) under Section 7 of the Insolvency and Bankruptcy Code, 2016. The I.A.s pertain to various matters, including seeking directions to the Respondents (Promoters/Ex Management/Ex Directors) for cooperation, declaration of a Resolution Plan, and convening a Committee of Creditors (CoC) meeting to consider a Memorandum of Understanding (MoU).

## Facts

M/s. Skylark Ithaca Buyers Welfare Association filed a petition against M/s. Skylark Mansions Pvt. Ltd. under Section 7 of the Insolvency & Bankruptcy Code, 2016. Several I.A.s were filed in connection with the CIRP. I.A. No. 397 of 2020 was filed by the Resolution Professional of Skylark Mansions Pvt. Ltd. seeking directions to the Respondents (Promoters/Ex Management/Ex Directors) for cooperation. I.A. No. 168 of 2021 was filed by Larsen & Toubro Ltd. seeking declaration of a Resolution Plan approved by the CoC. I.A. No. 142 of 2023 was filed by Skylark Ithaca Buyers Welfare Association seeking to direct the RP to convene a CoC meeting to consider a Memorandum of Understanding (MoU) dated 13th December 2022. The Resolution Plan proposed by the 04th

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## Issues and analysis

### Issue 1: Whether I.A. No. 397 of 2020, seeking directions to the Respondents for cooperation, should be …

**Ratio:** An application becomes infructuous when the circumstances or developments during its

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**Reasoning:** The court noted that the instant Application is an old matter pending from 2020 and the

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**Interpretation:** The legal principle is that if the purpose of an application is already

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**Application:** The court applied this principle to the facts of I.A. No. 397 of 2020, finding

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## Parties

- **Judges:** T. Krishn…; Manoj Kumar…
- **Appellants:** M/s. Skylark…
- **Respondents:** Skylark Mansions…; M/s. Skylark…

## Timeline

- **2020-01-01 — I.A. No.397…**: I.A. No.397 of 2020 was…
- **2021-01-01 — I.A. No.168…**: I.A. No.168 of 2021 was…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 7 — Initiation of corporate insolvency resolution…](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-7)

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