Tribunals and CommissionsDivision Bench(2020) 01 NCLT CK 0745

M/s. Marmo Stone Pvt. Ltd. vs M/s. Glow Softech Pvt. Ltd.

National Company Law Tribunal · Decided on 20 January 2020

HON’BLE JUDGES
Dr. Deepti Mukesh, Member (J) · Hemant Kumar Sarangi, Member (T)
CASE NUMBER
CA. 524/ND/2020, (IB)-660/(ND)/2018

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Judgment

1 paragraphs · 199 words

CA No. 524/2020 is an application filed by the IRP under Section 12A of Insolvency & Bankruptcy Code, 2016 seeking for withdrawal of the CIRP of the Corporate Debtor, in view of the settlement between the parties, learned counsel for the IRP states that in view of the 4th COC Meeting held on 14.01.2020, the sole Financial Creditor, being COC Members HDFC Bank Limited, has consented constituting 100 per cent voting sheets and at agenda item No. 9, the resolution was passed allowing the IRP to file appropriate application for withdrawal of the IB application, under Section 12A of the Insolvency and Bankruptcy Code, 2016. Minutes of the meeting along with Form 'FA', being the application filed for withdrawal of the CIRP, signed by the applicant are annexed with the application. Learned counsel further states that an appeal was preferred by one of the suspended Directors, before the National Company Law Appellate Tribunal and the same also stands withdrawn on 07.01.2020. The copy of the said order of the Hon'ble National Company Law Appellate Tribunal is also annexed. Considering the facts and circumstances, we allow present application and thereby IB-660/ND/2018 is allowed to be withdrawn and stands disposed of.