Tribunals and Commissions(2019) 11 NCLT CK 0864

In Re: Corporate Debtor CP No.(IB) 141/ALD/2018 (Withdrawal)

National Company Law Tribunal, Allahabad Bench, Prayagraj · Decided on 8 November 2019

CASE NUMBER
CA No. 261/2019 in CP No.(IB) 141/ALD/2018

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Judgment

4 paragraphs · 193 words

Pursuant to the earlier order of this Court dated 03.10.2019, the RP is present and stated that he has filed an affidavit in compliance of the aforesaid order of this Court explaining the discrepancies which had crrypted inadvertently, in the present petition which was filed U/s 10 of the IBC by the Corporate Debtor (herein after referred to as the petitioner).

RP has drawn the attention of this Court to paragraph nos.3, 4, 5, 6, 7, 9, 10 & 11 of the aforesaid affidavit and has argued that the withdrawal resolution was passed by 100% in the CoC meeting by the Financial Creditors and therefore as per Rule 12A read with Regulation 30A of the IBC, the present petition deserves to be withdrawn.

Further, the attention of this Court is drawn to Annexure 9 of the aforesaid affidavit, which is a letter of the Director Sanjay Kumar dated 30.08.2019, whereby he has undertaken to deposit the requisite amount of CIRP in the account mentioned in para 3 of the said letter (Form FA).

In view of the submission made and provisions of law, the present petition stands withdrawn, no order as to cost.