Tribunals and CommissionsDivision Bench(2019) 07 NCLT CK 0890

In Re: CP(IB) 114 of 2018 (Withdrawal of CIRP under Section 12A)

National Company Law Tribunal · Decided on 3 July 2019

HON’BLE JUDGES
Harihar Prakash Chaturvedi, Member (Judicial) · Manorama Kumari, Member (Judicial)
RESULT
Allowed
CASE NUMBER
IA 353 of 2019 in/with C.P. (LB) No. 114/NCLT/AHM/2018

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Judgment

9 paragraphs · 217 words

ORDER

The Applicant is represented through their respective Learned Counsel(s).

The instant application is filed by the Applicant under Section 12 (A) of the Insolvency & Bankruptcy Code with a following prayer:

" Pass an order approving the application for withdrawal of Corporate Insolvency Resolution Process submitted by Applicant Through Resolution Professional approved by Committee of Creditors(CoC) in its 2nd meeting dated 17.06.2019 by more than 90% ascent, in terms of Section 12A of the Insolvency & Bankruptcy Code 2016 read with Regulation 30A of the CIRP Regulation 2016 "

The Notice was issued to the Committee of Creditors on 25.06.2019, in response to that the CoC has sent No Objection through RP Mr. Sunil Kumar Kedia.

Perused the application as well as documents.

On perusal of the page 51 of the application, it is found that Committee of Creditors has passed Resolution with 100% voting in form of the withdrawal of the CP(IB) 114 of 2018 and Authorised RP Mr. Sunil Kumar Kedia to file an application for withdrawal of the Corporate Insolvency Resolution Process.

In view of the above said Resolution of the Committee of Creditors, an application, so filed by the RP is hereby allowed.

Accordingly, the CP(IB) 114 of 2018 is allowed to be withdrawn and the Corporate Insolvency Resolution Process is recalled.