Tribunals and CommissionsDivision Bench(2023) 05 NCLT CK 0797

Vijay Paints & Chemicals vs Hanson Petro Ltd.

National Company Law Tribunal, Chandigarh Bench · Decided on 9 May 2023

HON’BLE JUDGES
Subrata Kumar Dash, Member (Technical) · Harnam Singh Thakur, Member (Judicial)
CASE NUMBER
IA No. 1125/23 In CP (IB) No. 277/Chd/Pb/2019

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Judgment

1 paragraphs · 183 words

The present application has been filed by the applicant IRP under Section 12A of the Code for withdrawal of CP (IB) No. 277/Chd/Pb/2019 and setting aside the admission order dated 20.04.2023 passed by this Tribunal. It is stated in the application that CoC has not been constituted. Copy of the settlement dated 02.05.2023 is placed on record. It is stated by the learned counsel for the petitioner-Operational Creditor that an interim amount has been paid. Keeping in view the facts and circumstances that COC has not taken further steps in the CIRP, the admission order dated 20.04.2023 is recalled. In view of the same, IA No.1125/2023 is allowed and CP (IB) NO.277/Chd/Pb/2019 is dismissed as withdrawn. As a consequence, moratorium declared under Section 14 of the Code comes to an end and the Corporate Debtor is discharged from the claims in lieu of the said petition and is free from the rigours of the CIR Process and Regulations made thereunder. Henceforth, the IRP is discharged and the Board of Directors is restored to its original position. Thus, IA No.1125/2023 is disposed of accordingly.