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Judgment
1. The applicant seeks permission of this Tribunal to withdraw the Insolvency Application the ground that the guarantor has made the payment in the sum of ₹8 crores in full and final satisfaction of the applicant's claim. Mr Tripathi drew my attention to paragraph nos.2 to 5 of the application to show that the applicant received the
consideration of ₹8 crores and released the securities. He further
submits that there is no debt due and payable by the corporate debtor or the respondent guarantor to the applicant.
I am convinced from the averments made in the pleading and the material placed on record so also statement made by Mr Pandit on 11th April, 2022.
Mr Tripathi also pressed for the discharge of the Mr. Satish Gupta, who
is Resolution Professional.
4. By consent of the parties, Interlocutory Application No.2 of 2022 is allowed in terms of prayer clauses (a) and (a1) with costs made easy. (Deepak M. Thakkar) Presiding Officer, D.R.T.No.2, Mumbai
IN THE DEBTS RECOVERY
TRIBUNAL No.2, MUMBAI
(BEFORE HON'BLE PRESIDING OFFICER)
ORDER SHEET
21.04.2022 Sr. No.18 Insolvency No.3 of 2021
of
Mr T. N. Tripathi Advocate for the applicant. Mr Prashant J. Pandit Advocate
for defendant.
Order in I.A. No.2 of 2022 passed separately.
2. In view of the order passed in I.A. No.2 of 2022, Insolvency Application No.3 of 2021 stands disposed of
as withdrawn with no order as to costs.
Presidingsiding Officer, D.R.T.No.2, Rsdhika Mumbai
Footnotes
- 1.Radhika