Learned Counsel for the respondent made a statement that against the Corporate Debtor CIRP has already been commenced by order dated 20.10.2023 passed in CP (IB) 1228/MB/2020. It is submitted that in view of the initiation of CIRP against the Corporate Debtor this appeal which was filed against an order rejecting the application under Section 9 has become infractuous.
Recording the aforesaid statement, we dismiss the appeal as appeal has become infractuous.