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Insolvency and BankruptcyAugust 3, 2024Case LawsHC
Plaintiff failed to requisition defendant for Resolution Plan detailing alleged excess payments. Documents required for adjudication of IA 2769/2022 supplied to plaintiff, who made no effort to obtain Resolution Plan from NCLT. Invoking inherent powers u/s 151 CPC, Court relied on Rajan Gupta case to dismiss Suit as infructuous due to subsequent Resolution Plan passed by NCLT, rendering relief claimed unviable. Defendant succeeded in application.
Plaintiff failed to requisition defendant for Resolution Plan detailing alleged excess payments. Documents required for adjudication of IA 2769/2022 supplied to plaintiff, who made no effort to obtain Resolution Plan from NCLT. Invoking inherent powers u/s 151 CPC, Court relied on Rajan Gupta case to dismiss Suit as infructuous due to subsequent Resolution Plan passed by NCLT, rendering relief claimed unviable. Defendant succeeded in application.
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