Tribunals and CommissionsDivision Bench(2019) 09 NCLT CK 0795

Subrata Sarkar vs M/s. Megacity Apartment Pvt. Ltd.

National Company Law Tribunal, Kolkata Bench · Decided on 17 September 2019

HON’BLE JUDGES
Jinan K.R., Member (J) · Harish Chander Suri, Member (T)
CASE NUMBER
CA(IB) No. 1166/KB/2019 In CP(IB) No. 459/KB/2018

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Judgment

2 paragraphs · 186 words

Ld. Sr. Counsel appearing for the Corporate Debtor mentioned the matter and submits that an application being CA(IB) No. 1166/KB/2019 in CP(IB) No. 459/KB/2018 has been filed u/s. 12A of the I & B Code, 2016 at the Registry for recording settlement of debt between the Operational Creditor and the Corporate Debtor and pressed for an early hearing. Ld. Counsel appearing for the Operational Creditor submits that Operational Creditor has received payment through Bank Drafts and the copy of the Bank Drafts has been annexed with the application. Also the Ld. Interim Resolution Professional appears and submits that he was in receipt of resolution fee and cost and nothing is due to the IRP. Being satisfied that the matter was settled out of the Tribunal and there is no amount due to the IRP regarding resolution fees and cost the prayers in the CA deserve consideration. Hence, CA is allowed by permitting the petitioner to withdraw the CP.

In view of the above said, the CP (IB) No. 459/KB/2018, is advanced from 01/10/2019, to today and disposed of as withdrawn vide order in CA(IB) No. 1166/KB/2019.