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National Company Law Appellate Tribunal

T. Raviprasad vs M/S V.R. Constructions on 30 April, 2024

            NATIONAL COMPANY LAW APPELLATE TRIBUNAL
                          AT CHENNAI

                             (APPELLATE JURISDICTION)

                    Company Appeal (AT) (CH) (Ins) No.399/2022
                  (IA Nos.951/2022, 952/2022, 953/2022 & 70/2024)
(Appeal filed under Section 61 of the Insolvency and Bankruptcy Code, 2016)
        (Arising out of the Impugned Order dated 18.10.2022 passed by the
    Adjudicating Authority' National Company Law Tribunal, Hyderabad Bench
                            in CP(IB)No.56/9/HDB/2021)
In the matter of:
T. Raviprasad
R/o Flat No.H4 Trendset
Vantage Road No.14,
Banjara Hills,
Hyderabad - 500 034.                                            ... Appellant
V
1) M/s. SCL Infratech Ltd.
      1




   (through Interim Resolution Professional)
   Reg. Office at H.No.8-2-502/1/A,
   1st Floor, Jivi Towers,
   Road No.7, Banjara Hills,
   Hyderabad - 500 034.
2) M/s V R Constructions,
2




   Through Authorised Representative,
   26-2-1799, Opp: Water Tank
   Vedyapalem, Nellore,
   Andhra Pradesh - 524 004                                 ...Respondents

    Present :

For Appellant            : Mr. Zain A Khan, Advocate
For Respondents          : Ms. R. Moneshaa, Advocate


                                             WITH
                    Company Appeal (AT) (CH) (Ins) No.400/2022
                  (IA Nos.957/2022, 958/2022, 959/2022 & 71/2024)
(Appeal filed under Section 61 of the Insolvency and Bankruptcy Code, 2016)
        (Arising out of the Impugned Order dated 18.10.2022 passed by the
    Adjudicating Authority' National Company Law Tribunal, Hyderabad Bench
                            in CP(IB)No.56/9/HDB/2021)
In the matter of:
Damavarapu Srinivas
R/o H. No.8-2-546/1,

     Comp App (AT) (CH) (Ins) Nos.399 & 400/2022                      Page 1 of 3
 Road No.7, Banjara Hills,
Hyderabad - 500 034.                                               ... Appellant
V
1) M/s V R Constructions,
    1




  Through Authorised Representative,
  26-2-1799, Opp: Water Tank
  Vedyapalem, Nellore,
  Andhra Pradesh - 524 004
2) M/s. SCL Infratech Ltd.
2




   (through Interim Resolution Professional)
  Reg. Office at H.No.8-2-502/1/A,
  1st Floor, Jivi Towers,
  Road No.7, Banjara Hills,
  Hyderabad - 500 034.                                           ..Respondents

Present :
For Appellant            : Mr. Kumar Anurag Singh
For Respondents          : Ms. R. Moneshaa, Advocate
                                         ORDER

(Hybrid Mode) 30.04.2024:

1. Heard the Learned Counsels appearing for the 'Appellants' in main Comp. App. (AT)(CH)(Ins) Nos. 399/2022 & 400/2022.

2. According to the Appellants, (in both the Appeals), the Hon'ble High Court of Andhra Pradesh, Amravati, in Commissioner Court Appeal No.7/2018 on 05/05/2023 had set aside the 'Judgment' and 'Decree' dated 08.12.2017 in O.S.No.83/2017 passed by the 'Commissioner Court-cum-Court of Principal District Judge', Kurnool, and resultantly allowed the 'Appeal', but without costs.

3. In view of the fact that the Hon'ble High Court of Andhra Pradesh, Amravati had set aside the Judgment and Decree in O.S. No.83/2017 darted 08.12.2017 passed by the Commissioner Court-cum-Court of Principal District Judge, Kurnool on 05.l05.2023 in Commercial Court Appeal No.7/2018, this 'Tribunal' at this stage, 'simpliciter', is of the considered view that in the Comp.

App. (AT)(CH)(Ins) No.399/2022 and 400/2022 on the file of this 'Tribunal' that nothing survives for an 'adjudication' by this 'Tribunal'. Viewed in that perspective, the Comp. App. (AT)(CH)(Ins) No.399/2022 and 400/2022 are disposed of as an 'infructuous one's. No costs.

4. Before parting with the case, this 'Tribunal' pertinently points out that it is open to the 1st Respondent/Interim Resolution Professional to prefer appropriate Application/Petition before the 'Adjudicating Authority/National Company Law Tribunal, Hyderabad Bench, claiming 'Legal Costs and Expenses', and the 'Fees' to be paid. If such an 'Application', is filed by the 'Interim Resolution Professional' before the 'Adjudicating Authority/Tribunal', then, the said 'Application' shall be dealt with by the 'Adjudicating Authority/Tribunal', in the teeth of Insolvency and Bankruptcy Code, 2016 and Regulations.

5. Apart from the above, this 'Tribunal' grants permission to the 'Appellants' to prefer appropriate 'Application' before the 'Adjudicating Authority/Tribunal' and to claim appropriate relief for redressal of it/his grievances in respect of the order dated 18.10.2022 in CP(IB) No.56/9/HDB/2021, of course in the manner known to 'Law' and in accordance with 'Law'.

6. All pending IAs, if any are closed.

[Justice M. Venugopal] Member (Judicial) [Justice Sharad Kumar Sharma] Member (Judicial) [Jatindranath Swain] Member (Technical) SE/TM Comp App (AT) (CH) (Ins) Nos.399 & 400/2022 Page 3 of 3