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Judgment
28.03.2025: In CA (AT) (Ins) No. 1430 of 2024, IA No. 1875 of 2025 and CA (AT) (Ins) No. 829 of 2024, IA No. 1880 of 2025 has been filed by the Appellant.
IA No. 1875 of 2025 has been filed by the lessee and IA No. 1880 of 2025 has been filed by Chairman of the Monitoring Committee and Erstwhile Resolution Professional.
In CA (AT) (Ins) No. 1430 of 2024 the order impugned dated 16.07.2024 passed by National Company Law Tribunal, Division Bench, Court-II, Kolkata, in I.A.(I.B.C)/796(KB)/2024 directing for Respondent (Appellant/Annapoorani Textiles Pvt. Ltd. herein) for handing over the possession of the premises along with the Plant and Machinery within two weeks. An interim order was passed on 26.07.2024. In CA (AT) (Ins) No. 1430 of 2024 an IA No. 1875 of 2025 has been filed where following prayers has been made:
i.Take on record of the Settlement Agreement dated 21.02.2025 and permit the Applicant herein to withdraw the appeal filed by the applicant herein in CA (AT) (Ins) No. 1430 of 2024 along with a liberty to restore the appeal in the event of the Respondents failing to fulfil their obligations under the Settlement Agreement dated 21.05.2025.
ii.Pass any such orders as this Hon’ble Appellate Tribunal may deem fit in the facts and circumstances of the present case and in the interest of justice.
Ld. Counsel for the Appellant submits that settlement has been entered with the CD, lessee and the SRA, where the CD has agreed to grant a fresh lease and the rent has also been fixed as per the settlement agreement.
In view of the above the Ld. Counsel for the Appellant has prayed to withdraw the appeal in view of the settlement agreement dated 21.02.2025, we permit the CA (AT) (Ins) No. 1430 of 2024 to be withdrawn with liberty to the appellant to revive if any, such occasion arises. The appeal is dismissed as withdrawn. The parties undertake to abide by the terms of the settlement agreement.
In CA (AT) (Ins) No. 829 of 2024 the order impugned dated 31.01.2024 passed by National Company Law Tribunal, Division Bench, Court-II, Kolkata in IA (IB) No. 1200/KB/2023. The said application was filed by the Resolution Professional praying for vacation of premises which was occupied by Annapoorani Textiles Pvt. Ltd. Annapoorani Textiles Pvt. Ltd. was directed to handover possession of said property in question to the RP within a period of two weeks. The application was disposed of.
In CA (AT) (Ins) No. 829 of 2024 an IA No. 1880 of 2025 has been filed by the Appellant. IA No. 1880 of 2025 wherein bringing on record the settlement agreement of the parties dated 21.02.2025 where following prayers has been made:
i.Take on record of the Settlement Agreement dated 21.02.2025 and permit the Applicant herein to withdraw the appeal filed by the applicant herein in CA (AT) (Ins) No. 1430 of 2024 along with a liberty to restore the appeal in the event of the parties failing to fulfil their obligations under the Settlement Agreement dated 21.02.2025.
ii.Pass any such orders as this Hon’ble Appellate Tribunal may deem fit in the facts and circumstances of the present case and in the interest of justice.
In view of the aforesaid, we permit the appellant to withdraw the appeal with liberty to revive if any, such occasion arises. The appeal is dismissed as withdrawn.
CA (AT) (Ins) No. 911 of 2024- Adjourned to 15.05.2025 at 2: 00 PM.