Tribunals and CommissionsDivision Bench(2023) 06 NCLT CK 2830

M/s. Phoenix Arc Private Limited vs M/s. Coffee Day Enterprises Ltd.

National Company Law Tribunal, Bengaluru Bench · Decided on 19 June 2023

HON’BLE JUDGES
T. Krishnavalli, Member (Judicial) · Manoj Kumar Dubey, Member (Technical)
CASE NUMBER
C.P (IB) No. 149/BB/2022

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Judgment

4 paragraphs · 147 words
1.

Heard the Learned Counsel for the Petitioner and Learned Counsel for the Respondent.

2.

The Learned Counsel for the Petitioner submits that he has filed a Memo vide Dy. No. 3190 dt. 19.06.2023 seeking permission of this Tribunal to withdraw the present petition, in the light of the execution of full and final Restructuring Agreement dated 27.04.2023 between the Petitioner and Respondent and seeking liberty to the Petitioner to either reinstatement of the present petition to its current/present stage or to file fresh proceedings against the Respondents herein in the interest of justice.

3.

Since the Petitioner wants to withdraw the present Company Petition, we are inclined to allow the same.

4.

In view of the above, C.P (IB) No. 149/BB/2022 is disposed of as withdrawn. The Petitioner is free to file a fresh Company Petition in accordance with law in case the Restructuring Agreement fails.