Tribunals and CommissionsDivision Bench(2022) 07 NCLT CK 0333

Leoch Batteries Pvt Ltd vs NPS Power Solutions Pvt Ltd

National Company Law Tribunal, Allahabad Bench, Prayagraj · Decided on 5 July 2022

HON’BLE JUDGES
Harnam Singh Thakur, Member (Judicial) · Subrata Kumar Dash, Member (Technical)
CASE NUMBER
IA No. 187/2022 IN CP (IB) No. 75/ALD/2020

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Judgment

4 paragraphs · 181 words

ORDER

Heard Sh. Yogi Sharma, Advocate for the applicant in IA No. 187/2022. The prayer in the present application which has been filed under Section 12A of IBC, 2016, is for withdrawal of CIRP against the corporate debtor which was initiated v.o.d. 27th April, 2022 and the memorandum of settlement i.e. 23rd May, 2022 has been placed on record.

It is stated by the counsel for the applicant/ RP that the application be allowed in view of settlement arrived between the parties and all dues being paid by the operational creditor to the corporate debtor.

In view of the statement made by the counsel for the applicant and the resolution passed by CoC in the 2nd meeting dated 15.06. 2022 and settlement arrived between the parties IA No. 187/2022 is allowed and accordingly, CP (IB) 75/ALD/2020 is dismissed as withdrawn. Consequently, Moratorium under Section 14 of the Code comes to an end. The Interim IRP/RP is discharged. Respondent-corporate debtor is released from all the rigours of law and is allowed to function independently through its Board of Directors from immediate effect.