Jatin Jitendra Thakkar Vs S.S. Infra & Anr

National Company Law Appellate Tribunal New Delhi 25 Apr 2024 Company Appeal (AT) (Insolvency) No. 806 Of 2024 (2024) 04 NCLAT CK 0078
Bench: Full Bench
Result Published
Acts Referenced

Judgement Snapshot

Case Number

Company Appeal (AT) (Insolvency) No. 806 Of 2024

Hon'ble Bench

Ashok Bhushan, Chairperson; Barun Mitra, Member (T); Arun Baroka, Member (T)

Advocates

Navin Pahwa, Mahesh Agarwal, Geetika Sharma, Rohan Talwar, Prateek Agarwal, Vinod Chaurasia, Sanjay Aggarwal

Final Decision

Disposed Of

Acts Referred
  • Insolvency and Bankruptcy Code 2016 - Section 9

Judgement Text

Translate:

1. Heard Learned Counsel for the Appellant as well as Learned Counsel for the Operational Creditor as well as Counsel for the IRP.

2. This Appeal has been filed against the Order dated 22.04.2024, by which order, Adjudicating Authority has admitted the Section 9 application.

3. Counsel for the Appellant submits that at the time of hearing of the application before the Adjudicating Authority on 17.04.2024, the statement was made by the Corporate Debtor that amount shall be paid to the Operational Creditor on the due date as per the settlement.

4. Learned Counsel for the Appellant submits that the amount of Rs. 1.92 Crores was already paid and balance amount he has paid to the Operational Creditor by Demand Draft.

5. Learned Counsel for the Operational Creditor accepts that he has received the entire amount.

6. Learned Counsel for the IRP submits that IRP has not been paid any fee. The Adjudicating Authority by the impugned order has directed the payment of Rs. 3 Lakhs/- to the IRP.

7. We are of the view that the said amount should be paid to the IRP by the Appellant, if not already paid, within two weeks.

8. In view of the aforesaid, we set aside the impugned order dated 22.04.2024. Corporate Debtor is free from the CIRP.

The Appeal is disposed of.

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