Tribunals and CommissionsDivision Bench(2022) 03 NCLT CK 0399

Edelweiss Asset Reconstruction Company Pvt. Ltd. vs Mehak Realtech Pvt. Ltd.

National Company Law Tribunal · Decided on 23 March 2022

HON’BLE JUDGES
Ramalingam Sudhakar, President · Avinash Kumar Srivastava, Member (Technical)
CASE NUMBER
(IB)-168(PB)/2019, (IA)-1022/2022

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Judgment

2 paragraphs · 195 words

The matter was last heard on 08.03.2022 by Special Bench when the Ld. Counsel for the Resolution Professional stated that the proposal for the withdrawal of the main petition i.e. CP No. IB-168(PB)/2019 has been submitted in Form FA. On 08.3.2022, the Special Bench ordered that notice be served on the Financial Creditor to appear and file its reply in this matter within two weeks. When the matter was called today, the counsel for RP was present but there was no appearance on behalf of the Financial Creditor.

Further, the Court Officer report dated 24.03.2022 states that as per the e-Portal as on date nothing has been filed after 03.03.2022 in this petition. Be that as it may, one Mr. Ashutosh Misra being the authorised representative of the Financial Creditor, has filed application for withdrawal of CIRP under Regulation 30A of the IBBI (Insolvency Resolution Process for Corporate Persons) Regulations 2016, in Form FA which is at Annexure A-18 of the IA-1022/2022. The Form FA is accompanied by the required Bank Guarantee as per the Regulation 30A and has been filed by the Resolution Professional. The same is allowed and IB-168/PB/2019 is disposed as withdrawn.