Tribunals and CommissionsDivision Bench(2022) 09 NCLT CK 0432

Igawara India Private Limited vs Emirerri Steel Manufacturer Pvt Ltd.

National Company Law Tribunal · Decided on 7 September 2022

HON’BLE JUDGES
H.V. Subba Rao, Member (Judicial) · Anuradha Sanjay Bhatia, Member (Technical)
CASE NUMBER
I.A. 2402/2022 in C.P.(IB)-167(MB)/2022

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Judgment

5 paragraphs · 171 words

ORDER

I.A. 2402/2022

The above Interlocutory Application is filed by the Applicant/IRP under Section 12A of the Insolvency and Bankruptcy Code for withdrawal of the CIRP order dated 10.08.2022 passed against the Corporate Debtor. The counsel appearing for the Interim Resolution Professional submits that the above matter was settled between the parties. Where under the Operational Creditor received an amount of Rs. Rs. 74,70,445/- against Rs. 96,66,244.52/-. Since COC is not constituted, the approval from the COC does not arise. The Interim Resolution Professional also confirmed that he has received the CIRP costs including his fee.

In view of the above facts and circumstances, this bench feels that it is appropriate to allow the above application filed by IRP. Accordingly, the above I.A. 2402/2022 is allowed and the CIRP order dated 10.08.2022 passed against the Corporate Debtor stands withdrawn by relieving the Corporate Debtor from all the rigorous of moratorium.

In view of withdrawal of the main company petition, all pending I.A’s and M.A’s if any also shall stands disposed of.