M/S.Ind Bharath Power Gencom Limited v. M/S.Millenium Steel India Pvt.Ltd And Another

A. No.1079 of 2023 C.S. No.322 of 2018, C.S. No.302 of 2017, C.S. No.402 of 2017, C.S. No.945 of 2017 and C.S. No.320 of 2018 A. Nos.1825 , 1826 of 2020 A. No.1080 of 2023 A. No.2556 of 2023 A. No.2557 of 2023 A. No.2857 of 2019 A. No.2896 of 2023 A. No.2897 of 2023 A. No.3392 of 2023 A. No.3681 of 2017 A. No.3842 of 2017 A. No.3961 of 2019 A. No.4195 of 2021 A. No.6207 of 2018 A. No.8214 of 2017 E.P. No.68 of 2018 ABDUL QUDDHOSE, J.

It is represented by the learned counsel for the plaintiff as well as 1/5

the learned counsel appearing for the 1st defendant in all the suits that A. No.1825 of 2020 in C.S. No.402 of 2017 and A. No.1826 of 2020 in C.S. No.302 of 2017 have now become infructuous, since pursuant to the liquidation order passed by the National Company Law Tribunal (NCLT), a new Management for M/s. Ind-Bharath Power Gencom Ltd., for whom the applications have been filed has taken over.

2. The learned counsel appearing for the erstwhile Liquidator for M/s. Ind-Bharath Power Gencom Ltd., would also agree with the submissions made by the learned counsel for the plaintiff as well as the learned counsel for the 1st defendant. These applications were filed prior to taking over of M/s. Ind-Bharath Power Gencom Ltd., by the new Management. Hence as rightly submitted by the learned counsel for the plaintiff as well as the learned counsel for the 1st defendant as well as agreed upon by the learned counsel for the erstwhile Liquidator, these applications have now become infructuous. Accordingly after recording the respective submissions viz., A. No.1825 of 2020 in C.S. No.402 of 2017 and A. No.1826 of 2020 in C.S. No.302 of 2017 are dismissed as infructuous.

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3. A discharge Memo in Diary Nos.8746 and 8747 of 2022 has also been filed by the learned counsel appearing for the erstwhile Liquidator for M/s. Ind-Bharath Power Gencom Ltd., seeking permission of this Court to be discharged from the present proceedings in view of the fact that a new Management has taken over.

4. In view of the admitted fact that pursuant to the liquidation Proceedings, a new Management has taken over. necessarily, the erstwhile Liquidator has to be discharged. Accordingly, the erstwhile Liquidator appointed by the NCLT, Hyderabad for M/s. Ind-Bharath Power Gencom Ltd., is discharged from these Proceedings. Post the matter on 15.02.2024.

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ABDUL QUDDHOSE, J.

vsi2 A. No.1079 of 2023 C.S. No.322 of 2018, C.S. No.302 of 2017, C.S. No.402 of 2017, C.S. No.945 of 2017 and C.S. No.320 of 2018 A. Nos.1825 , 1826 of 2020 A. No.1080 of 2023 A. No.2556 of 2023 A. No.2557 of 2023 A. No.2857 of 2019 A. No.2896 of 2023 A. No.2897 of 2023 A. No.3392 of 2023 A. No.3681 of 2017 4/5

A. No.3842 of 2017 A. No.3961 of 2019 A. No.4195 of 2021 A. No.6207 of 2018 A. No.8214 of 2017 E.P. No.68 of 2018 A. No.6586 of 2023 in C.S. No.499 of 2018 01.02.2024 5/5