Tribunals and CommissionsDivision Bench(2022) 10 NCLT CK 0471

State Bank Of India vs M/s. World Window Impex India Pvt. Ltd.

National Company Law Tribunal · Decided on 3 October 2022

HON’BLE JUDGES
P.S.N. Prasad, Member (Judicial) · Rahul Bhatnagar, Member (Technical)
CASE NUMBER
IB-376/ND/2020

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Judgment

4 paragraphs · 177 words

This is an application on behalf of the Resolution Professional of Worlds Window Impex India Pvt. Ltd. filed under Rule 11 of NCLT Rules, 2016.

We have heard the submissions made by the Learned Counsel for the RP. The Counsel for the RP is directed to file fresh vakalatnama. In the present application in para 4, it is stated that the Applicant cannot take control of the assets of the subsidiary owned by the Corporate Debtor in view of the explanation to Section 18 (f) of IB Code. Therefore, action against the aforesaid land cannot fall under the purview of the moratorium under Section 14 of the IB Code.

In view of the above, the Applicant has prayed to this Court to permit him to withdraw the IA/4333/2022 filed in CP No. (IB)-376/ND/2020.

We have carefully gone through the application as well as prayers mentioned in the application. The withdrawal application is allowed and IA/4333/2022 is dismissed as withdrawn. The RP is directed to exercise proper due diligence so that only appropriate applications filed in the matter.