Case Note & Summary
The case involved an appeal filed by Nisha Gupta against Rishabh Chand Lodha and others concerning a Plan approval application. The Learned Counsel for the Appellant informed the tribunal that the order previously reserved by the Learned Adjudicating Authority regarding the Plan approval application had been de-reserved on 03.09.2026, rendering the appeal infructuous. The tribunal, upon considering the submissions made, concluded that since the underlying issue had been resolved, the appeal no longer held relevance. Consequently, the tribunal dismissed the appeal as infructuous, indicating that there was no further need for adjudication on the matter. The decision was made by Justice Mohammad Faiz Alam Khan and Mr. Naresh Salecha.
Headnote
A) Company Law - Infructuous Appeal - Dismissal of Appeal - National Company Law Tribunal Act, 2016 - The appeal was rendered infructuous following the de-reservation of the order regarding the Plan approval application by the Learned Adjudicating Authority. The court dismissed the appeal based on the submissions made by the Learned Counsel for the Appellant indicating that the matter was resolved, thus making the appeal unnecessary. Held that the appeal is dismissed as infructuous (Paras Not mentioned).
Issue of Consideration
Whether the appeal has become infructuous due to the de-reservation of the order regarding the Plan approval application.
Final Decision
The tribunal dismissed the appeal as infructuous based on the resolution of the underlying issue.
Law Points
- Infructuous appeal
- Plan approval application
- De-reservation of order
