Tribunals and CommissionsDivision Bench(2024) 07 NCLT CK 1619

SREI Equipment Finance Limited vs Shweta Housing And Hospitality Private Limited

National Company Law Tribunal · Decided on 16 July 2024

HON’BLE JUDGES
Lakshmi Gurung, Member (Judicial) · Charanjeet Singh Gulati, Member (Technical)
CASE NUMBER
I.A. 3645/2024 (12(A)) In C.P. (IB)/132(MB)2022

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Judgment

8 paragraphs · 200 words

ORDER

The present application has been filed by the Resolution Professional of the Corporate Debtor under Section 12A of the I.B.C. seeking withdrawal of C.P. No.132 of 2022.

It is submitted that CoC in its meeting held on 01.07.2024 has passed the resolution with 100 % voting in favour of withdrawal of Company Petition, the resolution has been annexed to the petition. Form-A, duly signed by the Financial Creditor is also annexed to the petition.

It is submitted that out of total amount of Rs. 45.86 Crores, settlement was made for Rs. 15 Crores, out of which the initial sum of Rs. 3 Crores has already been paid to the Financial Creditor and the balance sum of Rs. 12 Crores shall be paid within 48 hours of passing the withdrawal order under Section 12A of the I.B.C.

Considering the submissions made by the learned Counsel for the R.P. and on perusal of the documents annexed with the application, the C.P. No. 132 of 2022 is permitted to be withdrawn.

Accordingly, I.A. 3645/2024 is allowed and disposed of.

C.P. No. 132(MB)/2022 is disposed of as withdrawn. All connected I.As. if any, are also disposed of.

File to be consigned for record.