THE HON'BLE THE CHIEF JUSTICE ALOK ARADHE
AND
THE HON'BLE SRI JUSTICE N.V.SHRAVAN KUMAR
COMCA No.3 of 2019
JUDGMENT: (per the Hon'ble the Chief Justice Alok Aradhe)
Mr. P. Vinayaka Swamy, learned counsel appears for the
appellant.
Mr. P. Girish Kumar, learned Senior Counsel represents
Mr. P. Kamalakar, learned counsel for respondent No.1.
Mr. R.A.Achyuthanand, learned Senior Counsel represents Mr. Narayandas Sanjay, learned counsel for respondent No.2.
2. We have heard the learned counsel for the parties.
3. In para 11 of the counter filed to I.A.No.2 of 2023, the appellant has made a following statement.
"....It is submitted that as stated by the Petitioner in the para under reply that the present appeal has become infructuous, in such an instance, the Petitioner herein cannot maintain the present Application seeking any permission, much less permission to withdraw the amounts lying to the credit of the Court below..."
CJ & NVSK, J 2 COMCA.No.3 of 2019
4. Learned counsel for the appellant submits that the appeal has been rendered infructuous as the Liquidator has already been appointed.
5. In view of aforesaid submission, the appeal is dismissed as infructuous.
Miscellaneous applications, if any pending, shall stand closed. There shall be no order as to costs.
___________________ ALOK ARADHE, CJ ________________________ N.V.SHRAVAN KUMAR, J 5th OCTOBER, 2023.
kvni