Tribunals and CommissionsDivision Bench(2024) 05 NCLT CK 3275

Lunkad Aluminium Limited vs Electropath Services (India) Private Limited

National Company Law Tribunal · Decided on 7 May 2024

HON’BLE JUDGES
Anil Raj Chellan, Member (Technical) · Kuldip Kumar Kareer, Member (Judicial)
RESULT
Allowed
CASE NUMBER
IA 2202/2024 In C.P. (IB)/848(MB)2023

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Judgment

2 paragraphs · 203 words

ORDER

IA.No.2202/2024: - CS Pramodkumar Ladda a/w CS Praveen Tiwari appeared for Applicant through VC. CS Urmil Lodaya appeared for the Operational Creditor through VC. This IA has been filed by the IRP under Section 12A seeking withdrawal of the C.P.(IB)/848(MB)2023 filed by Petitioner Lunkad Aluminium Limited under Section 9 of the IBC Code, 2016. It has been stated that after the passing of the admission order dated 24.04.2024 the Operational Creditor and the Corporate Debtor have entered into a compromise. In this regard, consent terms were executed on 26.04.2024. A copy of the consent terms has been annexed with the application. In view of the consent terms and the facts that no CoC has been constituted nor any claim has been received by the IRP, as stated by him, the application under section 12A can be allowed. Accordingly, we allow the IA.No.2202/2024 seeking withdrawal of the Company Petition. The admission order dated 24.04.2024 shall stand recalled and C.P.(IB)/848(MB)2023 under section 9 shall be deemed to have been dismissed. The parties shall, however, remains bound by terms and conditions of the consent terms dated 26.04.2024. Accordingly, IA.No.2202/2024 is allowed and C.P.(IB)/848 (MB)2023 is dismissed as withdrawn. File be closed and consigned to records.