Tribunals and CommissionsDivision Bench(2019) 08 NCLT CK 0653

Bank Of India vs N.K. Louha Udyog Pvt.Ltd.

National Company Law Tribunal, Kolkata Bench · Decided on 20 August 2019

HON’BLE JUDGES
M.B. Gosavi, Member (J) · Virendra Kumar Gupta, Member (T)
RESULT
Allowed
CASE NUMBER
C.P.(IB) No. 344/KB/2018, CA (IB) No. 1024/KB/2019

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Judgment

2 paragraphs · 143 words

Ld. Counsel appears for the financial creditor. Ld. Counsel for the corporate debtor appears. Ld. R.P. also appears. CA(IB) 1024/KB/19 is filed by the Financial Creditor for withdrawal of the main CP on the ground that matter is settled in between the parties. The Corporate Debtor was admitted in CIRP on 17.01.2019 and CIRP is in progress. Meantime, it appears to us that corporate debtor paid the entire settled amount claimed and accordingly CoC in its meeting dated 02.08.2019 by 100% votes passed resolution to request this authority to permit withdrawal.

We have gone through the record. CoC in the above meeting passed resolution by 100% votes permitting withdrawal. Hence, permission to withdraw this proceeding under section 12A of IBC is granted. CP alongwith the CA stands disposed off. One more CA(IB) 875/KB/2019 filed by the financial creditor also disposed off being infructuous.