Tribunals and CommissionsDivision Bench(2022) 11 NCLT CK 0376

Udai Kant Mishra Prop. Surya Properties and Investments vs Golcha Buildtech Pvt. Ltd.

National Company Law Tribunal, Jaipur Bench (Rajasthan) · Decided on 28 November 2022

HON’BLE JUDGES
Deep Chandra Joshi, Judicial Member · Prasanta Kumar Mohanty, Technical Member
CASE NUMBER
CP No. (IB)- 293/9/JPR/2019

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Judgment

5 paragraphs · 339 words

Heard Mr. Anuroop Singhi, Adv. appearing on behalf of the Petitioner/ Operational Creditor and Ms. Nivedita R. Sarda, Adv. for the Respondent/ Corporate Debtor. IA No. 528/ JPR/2022 was filed by the Respondent/ Corporate Debtor with prayer that demand draft for a sum of Rs. 24,57,619/- which is attached with this application as annexure A-1, is taken on record and Company Petition (IB) No. 293/9/JPR/2019 filed by the Operational Creditor against the Corporate Debtor being against the very object of the Insolvency and Bankruptcy Code be dismissed.

Another IA No. 599/JPR/2022 has been filed by the Respondent/ Corporate Debtor, praying that the Corporate Debtor be allowed to withdraw the IA No. 528/ JPR/2022 and at the same time she also prayed that the Corporate Debtor be given liberty to withdraw the DD dated 20.10.2022 bearing No. 028588 amount of Rs. 24,57,619/- drawn in favour of the Operational Creditor/ Non-Applicant. It is also mentioned in the application that due to the amicable settlement reached between the parties, the Corporate Debtor wishes to withdraw this application.

Mr. Anuroop Singhi, Adv. appearing on behalf of the Petitioner/ Operational Creditor submits that as soon as the DD is handed over to the Petitioner/ Operational Creditor, the Petitioner will withdraw the CP No. (IB)- 293/9/JPR/2019. In view of the above, learned counsel for the Respondent/ Corporate Debtor is permitted to withdraw the IA No. 528/ JPR/2022. Hence, IA Nos. 528 & 599/JPR/2022 stand disposed of accordingly.

Mr. Anuroop Singhi, Adv. appearing on behalf of the Petitioner/ Operational Creditor submits that due to amicable settlement arrived between the parties, he wishes to withdraw the main Petition. Permission granted. CP No. (IB)- 293/9/JPR/2019 is dismissed as withdrawn.

In view of the settlement between the parties and submissions made by the learned counsel for the Respondent/ Corporate Debtor, Registry is directed to hand over the Demand Draft dated 20.10.2022 bearing No. 028588 amount of Rs. 24,57,619/- to the learned counsel for the Petitioner/ Operational Creditor who is present is person today and take receiving of the same.