Tribunals and CommissionsFull Bench(2022) 05 NCLAT CK 0049

Manish Madhav Soman vs Apya Capital Services Pvt. Ltd. & Anr

National Company Law Appellate Tribunal · Decided on 20 May 2022

HON’BLE JUDGES
Ashok Bhushan, Chairperson · Shreesha Merla, Member (T) · Naresh Salecha, Member (T)
RESULT
Disposed Of
CASE NUMBER
Company Appeal (AT) (Insolvency) No. 533 Of 2022

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Judgment

5 paragraphs · 186 words
1.

Heard learned counsel for the Appellant as well as learned counsel appearing for the Operational Creditor. This Appeal has been filed against order dated 14.03.2022 by which the Adjudicating Authority (National Company Law Tribunal), Mumbai Bench, Court – V has admitted the Application filed under Section 9 by the Operational Creditor. The Application was filed under Section 9 by the Operational Creditor for claim of Rs.2.5 Crores.

2.

It is submitted by learned counsel for the parties that in pursuance of the impugned order neither COC was constituted nor public announcement has been made by the Interim Resolution Professional.

3.

An application has been filed in this Appeal bringing on record the Consent Terms dated 30.03.2022 by which the parties submit that they have settled the matter, hence, the Application under Section 9 be permitted to be withdrawn.

4.

Learned counsel for the Operational Creditor do submit that they have received the entire payment as per the settlement terms.

5.

We allow the Application, the Settlement dated 30.03.2022 is taken on record. The Application under Section 9 stands withdrawn. The Appeal is disposed of accordingly.