Tribunals and CommissionsDivision Bench(2022) 05 NCLT CK 0651

Mahavir Chemicals vs NRW Polymers Pvt Ltd.

National Company Law Tribunal · Decided on 13 May 2022

HON’BLE JUDGES
H.V. Subba Rao, Member (J) · Chandra Bhan Singh, Member (T)
CASE NUMBER
I.A. 1265/2022 In C.P.(IB) 623 (MB)/2020

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Judgment

5 paragraphs · 152 words

ORDER

Mr. Sanket Shah, counsel appearing for the Operational Creditor and Adv.Vineet Jain I/b Mr. Amit Tungare, counsel appearing for the Corporate Debtor are present through virtual hearing.

The above I.A. is filed by the Operational Creditor for withdrawal of the CIRP Process on account of settlement entered into between the parties. The Bench notes that in this case, the order was pronounced by this Bench on 28.04.2022 and the copy of the order was not yet uploaded. Therefore, there was no communication to IRP regarding his appointment subsequently, no COC was formed.

Under these circumstances, there is no impediment for allowing the above Application. Accordingly, the above Application 1265/2022 is allowed and the CIRP order dated 28.04.2022 passed against the Corporate Debtor stands withdrawn by relieving the Corporate Debtor from all the rigorous of moratorium.

With the above observations and directions, the above I.A. 1265/2022 and CP 623/2022 are disposed of.