Tribunals and CommissionsDivision Bench(2022) 07 NCLT CK 0651

Newage Fire Fighting Company Ltd vs GMP Technical Solutions Pvt Ltd

National Company Law Tribunal · Decided on 20 July 2022

HON’BLE JUDGES
Shyam Babu Gautam, Member (Technical) · P.N. Deshmukh, Member (Judicial)
CASE NUMBER
IA 1913/2022 IN C.P. (IB)/827(MB)2019

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Judgment

4 paragraphs · 278 words

ORDER

This is an Application filed by the Applicant, Interim Resolution Professional (hereinafter referred to as IRP) of the Corporate Debtor, GMP Technical Solutions Pvt Ltd., seeking withdrawal of the main Company Petition bearing CP (IB) No. 827 of 2019. Counsel appearing on behalf of the IRP has invited our attention to Form “FA” dated 08.07.2022, signed by the Authorised Signatory of the Operational Creditor, which is forming part of the present Application and the same has been marked as Exhibit “D”. The Counsel appearing on behalf of the IRP further invited our attention at para 5 and para 7 of the present Application which reveals that from the date of filing of the present Application the Committee of Creditor was not constituted and the Corporate Insolvency Resolution Process (CIRP) cost and IRP fees has also been paid by the Applicant, the requirements of sub-Regulation (2) of Regulation 30A of the IBC, 2016.

It is further stated that the Corporate Debtor has amicably settled the issue involved in the main Company Petition and the parties have entered into the consent terms dt. 18.06.2022.

Having considered the submissions of the Ld. Counsel appearing on behalf of the IRP and on perusal of the averments made in the present Application, this Bench is satisfied, accordingly in view of above the present Application is liable to be allowed, hence the same is allowed thereby allowing the Applicant to withdraw the main Company Petition. The main Company Petition bearing CP (IB) No. 827 of 2019 is removed from the rigour of the CIRP. Resultantly, the main Company Petition bearing CP (IB) No. 827 of 2019 stands closed. File be consigned to record.