2023 (2) TMI 1442

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..... Bilalali, for Intervenor ORDER PER: JUSTICE RAKESH KUMAR JAIN: (ORAL) Company Appeal (AT) (Ins) No. 485 of 2022 This appeal has been filed by Naval Kumar D. Bhoot against the order dated 11.03.2022, passed by the Adjudicating Authority (National Company Law Tribunal, Mumbai Bench, Court-II). No one has put in appearance on behalf of the Appellant despite a pass over. We have also perused the previous order dated 03.02.2023 and found that no one had appeared on behalf of the Appellant. It appears to us that the Appellant is no more interested in pursuing this appeal, therefore, neither the Appellant is present today nor his counsel. In view thereof, the present appeal is hereby dismissed for non-prosecution. Company Appea....

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....n was allowed on 03.09.2019. Thereafter, the Appellant requested the RP to make the payment in terms of the order dated 03.09.2019 but the RP offered to give a set off to his claim against the recoveries to be made by the Corporate Debtor from the Appellant herein. However, the Appellant denied its liability for the purpose of any kind of set off and then filed M.A. No. 3693 of 2019 against the decision of the RP to seek the payment of amount of rent in terms of the order dated 03.09.2019. The said application was allowed on 10.02.2020 as stated and RP was directed to admit the claim and reconcile the accounts. 6. It is further submitted that the order dated 10.02.2020 was challenged by Naval Kumar Bhoot by way of an appeal i.e. CA (AT) ....

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....y the Adjudicating Authority on 11.03.2022 (same day) when the impugned order in the present two appeals was passed. It is submitted that on 01.04.2022, the management of the Corporate Debtor was handed over by the RP to the SRA i.e. 'M/s Manjeet Cotton Pvt. Ltd.'. It is further submitted that on 02.06.2022 the Monitoring Committee was dissolved as the plan was fully implemented. Counsel for the SRA has submitted that now it is well settled by the Hon'ble Supreme Court in the case of Ghanashyam Mishra and Sons Pvt. Ltd. Through the Authorized Signatory Vs. Edelweiss Asset Reconstruction Company Limited through the Director and Ors., (2021) 9 SCC 657, that once the resolution plan is finalized then all the claims get extinguished. In this co....