Tribunals and CommissionsDivision Bench(2019) 08 NCLT CK 0665

Sepco Electric Power Construction Corporation vs M/s. KSK Mahanadi Power Company Ltd.

National Company Law Tribunal · Decided on 19 August 2019

HON’BLE JUDGES
K. Anantha Padmanabha Swamy, Member (Judicial) · Dr. Binod Kumar Sinha, Member (Technical)
RESULT
Disposed Of
CASE NUMBER
CP (IB) No.735/9/HDB/2018

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Judgment

8 paragraphs · 228 words

Counsel for the Petitioner present and filed a memo seeking liberty to withdraw the present application and file afresh. Memo is taken on record which forms part of the order. Permission is accorded. In view of the memo, CP(IB)No.735/9/HDB/2018 is closed as withdrawn vide separate order.

Mr. M.S.Trivikrama Rao, Counsel.

Per: K. ANANTHA PADMANABHA SWAMY MEMBER JUDICIAL

ORDER

1.

Under consideration is a Company Petition filed by M/s. SEPCO Electric Power Construction (in short, 'Petitioner/Operational Creditor') against M/s. KSK Mahanadi Power Company Ltd. (in short, 'Respondent') under section 9 of the Insolvency and Bankruptcy Code 2016 (in short, I & B Code 2016) Read with Rule 6 of the Insolvency & Bankruptcy (Application to Adjudicating Authority) Rules, 2016 (for brevity, 'IB Rules 2016') for initiation of CIRP against the Corporate Debtor.

2.

Applicant/Operational Creditor further filed an Application bearing IA No.114/2019 seeking directions from this Adjudicating Authority to treat a part of its debt as Operational Debt and part as Financial Debt and this Adjudicating Authority vide its order dated 03.05.2019 granted liberty to the Applicant to withdraw and file separate petitions under section 7 and 9 of IB Code, 2016 respectively.

3.

Pursuant to orders of this Adjudicating Authority, Petitioner has filed a memo of withdrawal seeking liberty to file afresh.

4.

Memo is taken on record. In view of the memo, CP(IB)No.735/9/HDB/2018 is closed as withdrawn.