National Company Law Appellate Tribunal
Bptp Spacio Park Serene Flat Allottees ... vs M/S Bptp Limited And Anr on 13 December, 2022
Author: Ashok Bhushan
Bench: Ashok Bhushan
NATIONAL COMPANY LAW APPELLATE TRIBUNAL,
PRINCIPAL BENCH, NEW DELHI
I.A. No. 4705 of 2022
in Comp. App. (AT) (Ins) No. 1392 of 2022
In the matter of:
BPTP Spacio Park Serene Flat Allottes Welfare ....Appellant
Association (Bawa)
Vs.
M/s. BPTP Ltd. & Anr. ...Respondents
For Appellant: Mr. Piyush Singh, Ms. Kashish Sareen, Mr. Akshay
Srivastava, Ms. Riddhi Jain, Ms. Priyal Sarawagi,
Advocates.
For Respondents: Mr. Abhijit Sinha, Mr. Kaushik Poddar, Mr. Akash
Chatterjee, Advocates for R1.
Mr. Saurabh Jain, Mr. Prayag Jain, Advocates for R2.
ORDER
13.12.2022: This Appeal has been filed against the order dated 14.11.2022 in C.P. (IB) No. 1316 of 2019. The Appellants are 'BPTP Spacio Park Serene Flat Allottees Welfare Association'. They aggrieved by the said order has filed the Appeal.
2. Against the same order, another Appeal was filed by Sudhanshu Tripathi, the Suspended Director of the Corporate Debtor being Company Appeal (AT) (Ins.) No. 1382 of 2022 which Appeal has been allowed by order dated 07.12.2022 setting aside the order dated 14.11.2022. In view of the order passed by this Tribunal on 07.12.2022 in Company Appeal (AT) (Ins.) No. 1382 of 2022, this Appeal has become infructuous.
3. Learned Counsel for the Appellant submits that he has already challenged the order dated 07.12.2022 before the Hon'ble Supreme Court. 2
4. We grant liberty to the Appellant to revive this Appeal in event the order dated 07.12.2022 does not survive. We also notice that in Company Appeal (AT) (Ins.) No. 1382 of 2022, the interim order was passed on 18.11.2022.
5. The Appeal is disposed of.
[Justice Ashok Bhushan] Chairperson [Barun Mitra] Member (Technical) Anjali/nn I.A. No. 4705 of 2022 in Comp. App. (AT) (Ins) No. 1392 of 2022