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Issues: Whether appeals challenging approval of the resolution plan continue to survive where, during pendency of the appeals, liquidation of the corporate debtor has been ordered and the appellants have filed claims before the liquidator.
Analysis: The appeals pertain to challenge of orders approving the resolution plan under proceedings that involved consideration under Section 60(5) of the Insolvency and Bankruptcy Code, 2016. Subsequent to filing of these appeals, an order initiating liquidation of the corporate debtor was passed and appellants placed on record that they have submitted their claims to the liquidator. Given commencement of liquidation and prosecution of claims before the liquidator, there remains no substantive relief available in the pending appeals against approval of the resolution plan. The appeals therefore lack a live controversy requiring adjudication on the merits.
Conclusion: The appeals are rendered infructuous by the subsequent commencement of liquidation and by the appellants having raised their claims before the liquidator; the appeals are therefore dismissed.
Ratio Decidendi: Where liquidation of the corporate debtor is ordered during pendency of appeals against approval of a resolution plan and claimants have submitted claims before the liquidator, the appeals challenging the approval of the resolution plan are rendered infructuous and may be dismissed for want of a live controversy.