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Judgment
Heard Learned Counsel for the Parties.
This Appeal has been filed against the Order dated 16th June, 2021 passed by the National Company Law Tribunal, Mumbai Bench. By which Order, the Adjudicating Authority has dismissed the Section 9 Application under IBC filed by the Appellant.
In this Appeal, when the Appeal was taken, this Court passed following Order:
“26.07.2022: Learned Counsel for the Respondent prays for and allowed two weeks further time to file a Reply Affidavit. Rejoinder, be filed within two weeks’ thereafter.
Learned Counsel for the Respondent submitted that he is ready to accept the cheque of Rs. 20,19,970/-which was already offered by the Respondent. Let the cheque for the aforesaid amount be handed over to the Appellant, within a week.
List this Appeal on 2nd August, 2022”
On 02nd August, 2022, Learned Counsel for the Respondent handed over two cheques of Rs. 20,19,970/- to the Appellant. In view of the aforesaid, Learned Counsel for the Appellant submits that he may be permitted to withdraw Section 9 Application. Learned Counsel for the Respondent submits that Appellant may not make any allegation, sent any email with regard to the issues which was raised under Section 9 Application or make any further correspondence or disclose any confidential information regarding the aforesaid. Learned Counsel for the Appellant submits that no allegations shall be made, nor any Correspondence or disclosure of any confidential information shall be done. We record the above statement of Counsel for the Appellant. We permit the Appellant to withdraw Section 9 Application.
The Appeal is disposed of, accordingly.