Tribunals and CommissionsDivision Bench(2023) 11 NCLT CK 2605

Victoria International Private Limited vs Snehtango Food Products Private Limited

National Company Law Tribunal, Kolkata Bench · Decided on 30 November 2023

HON’BLE JUDGES
Arvind Devanathan, Member (Technical) · Bidisha Banerjee, Member (Judicial)
CASE NUMBER
C.P. (IB)/166(KB)2022, IA(I.B.C)/1935(KB)2023

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Judgment

8 paragraphs · 221 words

O R D E R

1.

Ld. Counsel for the Resolution Professional present.

2.

IA(I.B.C)/1935(KB)2023:

a. This IA has been filed by the Resolution Professional under Section 12A of IBC read with Rule 11 of the NCLT Rules, 2016 read with Regulation 30A of the Insolvency and Bankruptcy Board of India (Insolvency Resolution Process for Corporate Persons) Regulations, 2016 for the following reliefs:

i.

The applicant requests the Hon’ble Adjudicating Authority to consider this withdrawal application for withdrawal of Corporate Insolvency Resolution Process and take the same on record.

ii.

The present application is being filed under Section 12A for withdrawal of Corporate Insolvency Resolution process against the Corporate Debtor. In the present case the Committee of Creditor (“COC”) has not been formed. The Operational Creditor and Corporate Debtor have mutually agreed to settle the dispute and the Form FA have been submitted to the Interim Resolution Professional by the Operational Creditor with a request to withdraw the CIRP process under Section 12A IBC, 2016 read along with Regulation 30A of Insolvency and Bankruptcy Board of India (Insolvency Resolution Process for Corporate Persons) Regulations, 2016.

b. In view of the above, we allow IA(I.B.C)/1935(KB)2023 and accordingly C.P. (IB)/166(KB)2022 is dismissed as withdrawn.

c. It is submitted that documents would be handed over to the Corporate Debtor. Let the same be done.