Tribunals and CommissionsDivision Bench(2022) 06 NCLT CK 0687

Puja Enterprises vs Topaim Properties Pvt Ltd.

National Company Law Tribunal · Decided on 6 June 2022

HON’BLE JUDGES
H.V. Subba Rao, Member (J) · Chandra Bhan Singh, Member (T)
CASE NUMBER
I.A. 1444/2022 in C.P.(IB)-3270(MB)/2019

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Judgment

6 paragraphs · 172 words

ORDER

I.A. 1444/2022

Ms. Khushboo Shah, counsel appearing for the Resolution Professional/Applicant is present through virtual hearing.

The above I.A is filed by the IRP under Section 12A of the Insolvency and Bankruptcy Code for withdrawal of the CIRP order passed against the Corporate Debtor. The counsel appearing for the Interim Resolution Professional submits the matter was settled between the parties even before constituting COC. Since COC is yet to be constituted, the approval from COC does not require arise. The Interim Resolution Professional also confirmed that he has received the CIRP costs including his fee.

In view of the above facts and circumstances, this Bench feels that it is appropriate to allow the above application filed by RP. Accordingly, the above I.A. no. 1444/2022 is allowed and the CIRP order dated 09.05.2022 passed against the Corporate Debtor stands withdrawn by relieving the Corporate Debtor from all the rigorous of moratorium.

In view of withdrawal of the main Company Petition, all pending I.A’s and M.A’s if any also shall stands disposed off.