Tribunals and CommissionsDivision Bench(2023) 01 NCLT CK 0633

Jayatma Industries Ltd vs Gujarat Hy-Spin Ltd

National Company Law Tribunal · Decided on 13 January 2023

HON’BLE JUDGES
Ajai Das Mehrotra, Member (Technical) · Dr. Deepti Mukesh, Member (Judicial)
CASE NUMBER
IA 45 of 2023 in CP(IB) 222 of 2020

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Judgment

4 paragraphs · 231 words

ORDER

IA 45 of 2023

Application is filed under Section 12 (A) IBC, 2016 by the IRP who was appointed vide order dated 20.12.2022 while admitting the application filed by the operational creditor under Section 9 of IBC, 2016. Learned Counsel Mr. Pahwa for the corporate debtor states that parties have amicably settled the matter, and the settlement agreement is executed on 28.12.2022. The copy of the settlement agreement is filed along with the application. Form FA of the applicant submitted to the IRP is also annexed. The entire amount as per the claim in the application has been paid along with the interest and nothing survives today. Hence, Mr. Amrish Gandhi from the office of IRP states on instructions that nothing is payable to IRP and expenses / fees are already paid. Learned Counsels for the RP states that only one claim from GST is received but CoC is not constituted.

Considering the submission made and documents on record application is allowed, thereby the main CP (IB) 222 of 2020 is allowed to be withdrawn and disposed of, subject to the cost of Rs.50,000/- to be paid in Prime Minister National Relief Fund by corporate debtor within one week and proof to be filed in the Registry with copy to other side. IA 45(AHM) 2023 is allowed and disposed of, CP (IB) 222 of 2020 stands withdrawn and disposed of.