Tribunals and CommissionsDivision Bench(2021) 05 NCLT CK 0272

M/s. SPJ Cargo Pvt. Ltd. vs M/s. Sanya Exim Pvt. Ltd.

National Company Law Tribunal · Decided on 19 May 2021

HON’BLE JUDGES
Dr. P.S.N. Prasad, Member (J) · Narender Kumar Bhola, Member (T)
RESULT
Dismissed
CASE NUMBER
IB-2745/ND/2019

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Judgment

7 paragraphs · 274 words

ORDER

IA No. 2155 of 2021.

The IRP has moved an application under rule 11 of NCLT Rules, 2016 for placing the status report along with the affidavit. The IRP has confirmed that he has not received any claims up till 27.04.2021. It is further submitted that on 30.04.2021, the Applicant had received two claims one in Form – C from the financial creditor and one in Form – B from the operational creditor. The IRP has orally informed that the claims submitted by the financial creditor are subjected to certain defective and the same could not be entertained and the financial creditor has not filed the revised claims. The IRP has also submitted that the claim of the operational creditor was not supported by adequate documentary evidence, therefore, finally both the claims found to be defective.

The status report is taken on record with just exceptions.

IA No. 2233 of 2021.

This is a joint application filed by the operational creditor as well as promoter of corporate debtor seeking the withdrawal of application No. IB/2745/ND/2019 which is an application filed under Section 9 of IBC, 2016.

Having heard the submissions made by the Counsels and having noted the contents of the application, the present application is allowed and the Company Petition No. (IB)/2745(ND)/2019 filed by M/s. SPJ Cargo Private Limited is dismissed as withdrawn in terms of Rule 8 of IB (Application to Adjudicating Authority) Rules, 2016. The IRP stands discharged as he has confirmed that all his dues have been received and the corporate debtor is relieved from the clutches of CIRP Process. The case papers may be sent to record room.