Tribunals and CommissionsDivision Bench(2020) 01 NCLT CK 1017

M/s Supreme Packaging Industries vs M/s Rayban Foods Pvt Ltd

National Company Law Tribunal · Decided on 30 January 2020

HON’BLE JUDGES
Abni Ranjan Kumar Sinha, Member (Judicial) · K.K. Vohra, Member (Technical)
CASE NUMBER
IB-2220/ND/2019

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Judgment

3 paragraphs · 241 words

Pursuant to the earlier order dated 14.01.2020, IRP filed an affidavit stating that after receiving two claims on 23.12.2019 from M/s Brite Paper Product of Rs. 2,49,154/- and M/s ESS AAR Pack of Rs. 27,17,202/-. Ld. IRP submitted that both the claims have been settled with the CD and now no claim is pending.

Present CA bearing no. CA-192/C-V/ND/2019 has been filed by the IPR 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 as well as supplementary affidavit. Ld. IRP submitted that since no claim is pending and he has received his cost and fee and there is no other dues pending against the CD therefore, he may be permitted to withdraw the present application.

Considering the averments made in the application that no CoC has been constituted, therefore, the present application has been filed on behalf of IRP under Section 12(a) of IBC, 2016. Accordingly, we hereby approve the application filed by the IRP permitting him to withdraw the present application. Since the IRP submitted before us that he has received the fee and no other dues 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-2220/ND/2019. With this the present petition is dismissed as withdrawn.