Heligo Charters Pvt. Ltd Vs Dhillon Aviation Pvt. Ltd

National Company Law Tribunal, Chandigarh Bench 23 Feb 2022 IA Nos. 111/2022 & 112/2022 And CP (IB) No. 484/Chd/Pb/201 (2022) 02 NCLT CK 0087
Bench: Division Bench
Result Published
Acts Referenced

Judgement Snapshot

Case Number

IA Nos. 111/2022 & 112/2022 And CP (IB) No. 484/Chd/Pb/201

Hon'ble Bench

Harnam Singh Thakur, Member (J); Subrata Kumar Dash, Member (T)

Advocates

Balwinder Singh Kalsi, Zacarias Joseph, Abhijieet Deshmush, Ankita Roy, Anupam Singh

Final Decision

Allowed

Acts Referred
  • Insolvency and Bankruptcy Code, 2016 - Section 12A
  • National Company Law Tribunal Rules, 2016 - Rule 11

Judgement Text

Translate:

IA No. 111/2022

IA No. 111/2022 has been filed for condonation of delay of 07 days in filing application for withdrawal of CP (IB) No. 484/Chd/Pb/2019. As per

agreement between the parties according to which within 07 days from the date of order of disposal of the appeal, the operational creditor shall move

an application before NCLT in accordance with law for withdrawing the CP (IB) No. 484/Chd/Pb/2019 in pursuant to agreed terms and conditions.

2. Keeping in view facts and circumstances mentioned in IA No. 111/2022, which is supported by an affidavit, it is allowed and delay of 07 days for

filing application for withdrawal of the CP (IB) No. 484/Chd/Pb/2019 is condoned, in the interest of justice. Accordingly, IA No. 111/2022 is disposed

of.

IA No. 112/2022

3. The present application has been filed by Resolution Professional under Section 12A of the I&B Code, 2016 for withdrawal of CP (IB) No.

484/Chd/Pb/2019. It is submitted by learned counsel for parties that the expenses incurred in the CIRP Process have already been settled, as stated in

Para No. 3 of the application. Learned counsel for respondent has stated that settlement agreement is placed on record which is in form of ‘consent

terms’ starts from Page No. 30 onwards of the application. Keeping in view the statement made by learned counsel for petitioner that he wants to

withdraw the above said petition and there being no objection from other side, CP (IB) No. 484/Chd/Pb/2019 is allowed to be withdrawn and IA No.

112/2022 is allowed in terms of the settlement agreement.

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