Tribunals and CommissionsDivision Bench(2022) 03 NCLT CK 0713

Vikash Shuttering Store Pvt Ltd. vs Bhavaytech Infra Project pvt Ltd.

National Company Law Tribunal · Decided on 21 March 2022

HON’BLE JUDGES
Abni Ranjan Kumar Sinha, Member (Judicial) · Hemant Kumar Sarangi, Member (Technical)
RESULT
Dismissed
CASE NUMBER
IB-618/ND/2020 (New IA/1241/2022)

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Judgment

2 paragraphs · 144 words

By filing this application, the Applicant/IRP has prayed for withdrawal of the CP (IB) 618/ND/2020 in terms of the Form- FA received from the Operational Creditor. Heard, the Ld. Counsel appearing for the applicant and perused the averments made in the application. Form- FA which is placed at Page no. 43 of this application. Ld. Counsel appearing for the applicant submits that the IRP has not received any claim and i.e. the reason, the CoC is not constituted, as yet. She further submits that Regulation 30A says before the Constitution of CoC, the withdrawal may be filed, through the IRP. She further submits that the IRP has already received the fees and expenses. Considering the submissions, the CoC is not constituted, we allow the applicant to withdrawn the (IB) 618/ND/2020. Accordingly, (IB) 618/ND/2020 is dismissed as withdrawn.

With this, the IA stands disposed of.