Tribunals and CommissionsDivision Bench(2023) 03 NCLT CK 3666

Harish Stores vs Fandan Health and Beauty Pvt. Ltd.

National Company Law Tribunal, Jaipur Bench (Rajasthan) · Decided on 1 March 2023

HON’BLE JUDGES
Deep Chandra Joshi, Judicial Member · Prasanta Kumar Mohanty, Technical Member
CASE NUMBER
CP No. (IB)- 326/9/JPR/2019

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Judgment

3 paragraphs · 201 words

This is an application under Section 12A read with Regulation 30A of the Insolvency and Bankruptcy Code, 2016 read with Rule 11 of the NCLT Rules on behalf of the Operational Creditor through IRP/RP for withdrawal of the Application filed under Section 9 of the IBC, 2016 against Corporate Debtor.

It is stated in application that application under Section 9 of the IBC, 2016 was admitted by this Tribunal on 29.07.2022 and Mr. Sudhir Bhansali was appointed as IRP. Parties have arrived at an amicable solution and full and final settlement of the claim of the Operational Creditor and the entire payment towards the dues has been accepted by the Operational Creditor. IRP has received Form FA Application for withdrawal of Corporate Insolvency Resolution Process from the applicant/operational creditor under Section 12A read with Regulation 30A. Applicant/Operational Creditor is the only constituent of the COC and no other claims received from any other creditors. COC by 100% voting mandate has recommended for withdrawal of the present application. This application is allowed. CP No. (IB)- 326/9/JPR/2019 is dismissed as withdrawn.

Since matter has been withdrawn all pending IAs 413/JPR/2022, 453/JPR/2022, 600/JPR/2022 become infructuous. IA Nos. 413/JPR/2022, 453/JPR/2022, 600/JPR/202 stand disposed of accordingly.