Tribunals and CommissionsDivision Bench(2020) 01 NCLT CK 0696

M/s. Power2sme Pvt Ltd. vs M/s Vandeu International Pvt Ltd.

National Company Law Tribunal · Decided on 31 January 2020

HON’BLE JUDGES
Abni Ranjan Kumar Sinha, Member (Judicial) · K.K. Vohra, Member (Technical)
CASE NUMBER
IB-1695/ND/2019

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Judgment

2 paragraphs · 252 words

An application bearing no. CA-881/C-V/ND/2020 has been filed by the IRP under Section 12(a) read with rule 11 of the NCLT Rules praying therein to permit him to withdraw the application. None present on behalf of CD. We have heard the Ld. IRP and perused the averments made in the application. Ld. IRP submitted that in this case, no CoC has been constituted and matter has been settled between the parties and in pursuant of the public announcement only claim of Operational Creditor has been received by the IRP and no other creditor has raised any claim. He further submitted that he has also enclosed the Form FA alongwith the application in terms of settlement arrived between the parties. He has also received his cost and fee and there is no other dues pending against the Corporate Debtor therefore, he may be permitted to withdraw the present application.

Considering the averments made in the application we find, no CoC has been constituted and no other claim has been received except the claim of the Operational Creditor. Therefore, we hereby approve the application filed by the IRP and permit him to withdraw the present application. Since the IRP submitted before us that he has received the fee and cost and no other dues are pending therefore, we do not think it proper to give any direction regarding the payment of fee and cost. Accordingly, we hereby allow the IRP to withdraw the present petition bearing no. IB-1695/ND/2019. Hence, CA-881/2020 stands dismissed as withdrawn.