M/S Svsvs Projects Pvt Ltd vs M/S Sri Zenith Infra
2023 Latest Caselaw 2917 Tel

     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

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