In the matter of Lok Housing and Constructions Ltd. Vs. USV Pvt. Ltd. CA(AT)(Insolvency) No. 629-2019

Heard learned Counsel for the Appellant.

This Appeal is filed by the ‘Corporate Debtor’ making grievance that his right to file reply was forfeited by impugned order dated 1st May, 2019. Advocate Shri Natraj appears on his own on behalf of the Respondent – USV Private Limited (‘Financial Creditor’). The Counsel for Respondent states that after the impugned order dated 1st May, 2019, the Adjudicating Authority (National Company Law Tribunal), Mumbai Bench, Mumbai has already admitted the application under Section 7, Insolvency and Bankruptcy Code, 2016 proceedings on 3rd June, 2019. Counsel for the Appellant now states that he has information that Section 7 application has been admitted, but he has yet to get copy of the order.

In view of the subsequent admission of the Section 7 application, the present Appeal does not survive. However, we give liberty to the Appellant to raise the issue in Appeal, if the Appellant so decides to file Appeal against the admission order. The present Appeal stands disposed of. No costs.

[Justice A.I.S. Cheema]

Member (Judicial)

[Kanthi Narahari]

Member (Technical)