Tribunals and CommissionsDivision Bench(2023) 09 NCLT CK 3358

K V Foundations India Limited vs Holy Heights Infrastructures Pvt. Ltd.

National Company Law Tribunal, Allahabad Bench, Prayagraj · Decided on 4 September 2023

HON’BLE JUDGES
Praveen Gupta, Member (Judicial) · Ashish Verma, Member (Technical)
CASE NUMBER
IA NO.262/2023, IA NO.292/2023, IA NO.267/2023, IA NO.268/2023, IA NO.305/2023, IA NO.390/2023, IA NO.392/2023 & IA NO.421/2023 IN CP (IB) No.43/ALD/2022

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Judgment

10 paragraphs · 228 words

ORDER

IA NO.421/2023

1.

This application has been filed U/s 12A of the Code with the following prayers:-

a)

Take on record the Form FA along with settlement agreement dated 18.08.2023 and 20.08.2023 and pass the directions for withdrawal of CIRP in the matter of Holy Heights Infrastructures Private Limited;

b)

Pass the consequential directions from relieving the Applicant from his duties as resolution professional in the CIRP of Holy Heights Infrastructures Private Limited;

c)

Pass such other orders as this Hon’ble Adjudicating Authority may deem fit and proper in the interest of justice.

2.

It is averred in the application as well as submitted by the Ld. Counsel representing the RP that the agenda was taken up before the CoC vide item no.A2 for withdrawal of the present CIRP, which has been accepted with 100% voting by the CoC, as mentioned at page nos.56 & 57 of the present application.

3.

In view of the averments made in the application and the decision taken by the CoC, the present application is allowed and the main petition bearing CP (IB) No.43/ALD/2022 is dismissed.

4.

All other pending IAs are also accordingly disposed off.

5.

It is however made clear that in case, if any issues still survive in the remaining IAs, the liberty is accordingly granted. The Applicant is also hereby discharged from its duties as Resolution Professional.