Tribunals and CommissionsDivision Bench(2021) 04 NCLT CK 0038

Duskline Infrastructure Pvt. Ltd. vs Vertex Safety Products Pvt. Ltd.

National Company Law Tribunal · Decided on 27 April 2021

HON’BLE JUDGES
Janab Mohammed Ajmal, J · Chandra Bhan Singh, Member (Technical)
RESULT
Allowed
CASE NUMBER
Interlocutory Appeal No. 1947, 2261 Of 2020, Company Petition (IB) No. 1910/MB Of 2019

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Judgment

11 paragraphs · 204 words

The matter is taken up on VC for urgent hearing as per Order No. 10/03/2021 - NCLT dated 19.04.2021 of the Principal Bench upon the mentioning

praecipe filed on 26.04.2021.

Counsel for the Applicant (RP) and the RP are present. IA No.1947 of 2020 is an Application for revival of the Company against its striking off by

the RoC concerned. The Applicant may take proper recourse to law for revival. The order for revival of the Company under I&BCode, 2016 cannot

be passed. Accordingly, IA No.1947 of 2020 is dismissed as withdrawn.

IA No.2261 of 2020 is an Application under Section 12A of I&B Code, 2016. Heard. The Operational Creditorfiled Form FA,after constitution of the

CoC, with the RP on 25.11.2020. The CoC in its meeting held on 01.12.2020 with 100% voting share approved the withdrawal of the Company

Petition. It is submitted that all the payments have been deposited with the RP and the RP has already distributed the same. The RP’s fees have

also been paid.

Accordingly, this Application is allowed. The CP No.1910 of 2019 is dismissed as withdrawn under Section 12A of I&B Code, 2016 read with

Regulation 30A of the IBBI (Insolvency Resolution Process for Corporate Persons) Regulations, 2016.