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Judgment
This is an application for withdrawal of CP(IB)-1608/ND/2018 in the light of the fact that COC has not been constituted and all the CIRP cost has already been paid to the Resolution Professional. Therefore in view of the judgement of the Hon'ble Supreme Court in Swiss Ribbons Versus Union of India Writ petition(Civil) No. 99/2018 decided on 25.01.2019, the company petition No. IB-1608/ND/2018 be permitted to be withdrawn and the admission order dated 27.03.2019 be nullified.
Notice of the application Mr. Rajiv Bajaj, the Resolution Interim Resolution Professional who is present in the Court, accepts notice and states that COC has not been constituted and all the expenses and cost is paid. It is further stated by him that no other claim has been received in response to the public notice issued inviting the claims. The matter is covered by Para 50 of the judgment of Hon'ble Supreme Court in Swiss Ribbons Versus Union of India (supra). It is submitted that the COC has not been constituted and cost of CIRP has been paid. Accordingly, the application is allowed. CP(IB)-1608//ND/2018 is disposed of and the order dated 27.03.2019 stands nullified.