Tribunals and CommissionsDivision Bench(2019) 10 NCLT CK 0625

M/s. Earthcon Promoters Ltd. vs M/s. Shyam Digital Communications Pvt. Ltd.

National Company Law Tribunal · Decided on 16 October 2019

HON’BLE JUDGES
Ch. Mohd. Sharief Tariq, Member (Judicial) · Kapal Kumar Vohra, Member (Technical)
CASE NUMBER
IB 688 /ND/2019

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Judgment

1 paragraphs · 192 words

Counsel for the Resolution Professional is present. Filed an Application under Section 12A which is being supported by the resolution passed by the CoC in its meeting held on 01.10.2019. Out of the two Financial Creditors, one is Canara Bank and the other is Bank of Baroda. Resolution for recalling the CIRP has been approved with 100% voting share as reflects from item No.14 at page 78. It has been submitted by the Resolution Professional that the Operational Creditor has also agreed for the withdrawal of the original petition as he has been given three cheques and one cheque has been realized. Details of the cheque is given at page 34. Resolution Professional has also filed Form-FA which is placed at page 31. Therefore, the Application is allowed. CIR Process initiated on 03.09.2019 is hereby recalled. Moratorium shall cease to have effect from the date of this order and the Corporate Debtor viz. M/s Shyam Digital Communications Pvt. Ltd., is released from the rigors of the CIR Process. The Company can carry on day-to-day affairs as a going concern. The Resolution Professional stands relieved. Accordingly, the main company petition stands disposed of.