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Judgment
IA/1043/2021:-
By filing this application, the Applicant has prayed to withdraw the CP (IB)-296/2020.
Heard the Ld. Counsel appearing for the Applicant and perused the averments made in the application.
Ld. Counsel for the Applicant submits that the IRP has received the Form-FA duly signed by the Applicant on 22.02.2021. He further submits that the IRP has received the fee and cost.
He further submitted that earlier the application was rejected and against that an appeal was preferred being Company Appeal (Insolvency) (IB) 449/2021, which was allowed and the order passed by this Bench was set aside.
Considering the submissions and averments made in the application and the order passed in Company Appeal No. 449/2021 by the Hon'ble NCLAT, we hereby allow the prayer of the Applicant to withdraw the Company Petition No. IB-296/ND/2020, in terms of Form-FA submitted by the Applicant. Accordingly, the CP (IB) No. 296/2020 is dismissed as withdrawn. However, the creditors, who have filed their claim but not considered have right to file a fresh application, in accordance with the provisions of law.
With this order, the present IA i.e. IA/1043/2021 stands disposed of.