Tribunals and CommissionsDivision Bench(2019) 12 NCLT CK 0625

M/s Impressions Services Pvt Ltd vs EledoradoEntertainment Pvt Ltd

National Company Law Tribunal · Decided on 13 December 2019

HON’BLE JUDGES
Dr. Deepti Mukesh, Member (J) · Shri Hemant Kumar Sarangi, Member (T)
CASE NUMBER
(IB)-1322(ND)2019

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Judgment

3 paragraphs · 222 words

ORDER

CA No. 629 is an application filed under Section 12A seeking withdrawal of the present application stating that the parties have amicably settled the matter. IRP Mr. Rajiv Kumar Raizada, present in person and states that there is only one claim received which was of the present Operational Creditor and the same is settled by the Corporate Debtor. Committee of Creditors was formed and the settlement agreement duly executed between the parties on 07.10.2019. The learned IRP states that the minutes of the Ist COC Meeting dated 13.11.2019, at resolution was passed with the 100% voting shares by sole COC Member that in view of the settlement, the IRP Mr. Rajiv Kumar Raizada to file withdrawal application. Learned counsel for the IRP further states that CIRP cost and fees of IRP are paid and nothing is due and Form FA being the consent form by the applicant is annexed with the application. Learned counsel for the Operational Creditor confirms the same. In view of the submission made and documents placed on record, application is allowed thereby IB-1322/ND/2019 along with CA No. 629 is disposed of in terms of the above order.

Learned counsel further states that liberty may be granted in case of settlement terms are breached. Liberty is granted to revive the application, in case of breach of settlement terms.