The Tribunal allowed an application for withdrawal of the insolvency application against Gokul Exim Pvt. Ltd. after the Corporate Debtor settled the matter and paid the amount as per the settlement agreement dated 15.09.2021.
Application for withdrawal of insolvency application allowed; CIRP proceedings disposed of.
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IN THE NATIONAL COMPANY LAW TRIBUNAL: NEW DELHI COURT – IV
| ITEM No. 2 IA-4189/ND/2021 (IB)-1456/ND/2018 |
|
|---|---|
| IN THE MATTER OF: | |
| Jatalia Global Ventures Ltd. | … Applicant |
| Vs. | |
| Gokul Exim Pvt. Ltd. | … Respondent |
Order under Section 9 of IBC.
Order delivered on 20.09.2021
Coram: DR. DEEPTI MUKESH, HON’BLE MEMBER (JUDICIAL)
MS. SUMITA PURKAYASTHA, HON’BLE MEMBER (TECHNICAL)
PRESENT: For the Applicant : Ms. Garima Sharma, Adv. For the Respondent : Mr. Vipul Ganda, Mr. Ayandeb Mitra, Ms. Akanksha Mathur, Advs.
ORDER
IA No. 4189/ND/2021:
A joint application filed by the Operational Creditor and Corporate Debtor under Rule 11 seeking withdrawal of insolvency application No. 1456/ND/2018. Mr. Ganda, Learned Counsel for the Corporate Debtor states that matter was heard at length and order was reserved on 25.08.2021. Ms. Garima, Learned Counsel for the applicant states that thereafter the Corporate Debtor has settled the matter and paid the amount, as per the settlement agreement dated 15.09.2021. Copy of settlement agreement is annexed with the application. Initially Rupees 20,00,000/- is deposited to the applicant and for balance amount in terms of the agreement, post-dated cheques have been issued to the applicant.
Considering the submission made and documents on record, we allow the application, thereby allowing IB-1456/ND/2018 to be withdrawn and stands disposed of.
Sd/Sd/SUMITA PURKAYASTHA DR. DEEPTI MUKESH MEMBER (TECHNICAL) MEMBER (JUDICIAL)
MUKESH
Jatalia Global Ventures Ltd.
Gokul Exim Pvt. Ltd.
Deepti Mukesh
Sumita Purkayastha
As recorded by the court registry
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