Court disposed of a winding/compromise petition (C.P.(IB)-142(MB)/2020) under Section 9 IBC as withdrawn by the Operational Creditor, who had previously filed the claim before the liquidator during the ongoing liquidation proceedings.
Petition disposed of as withdrawn.
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NATIONAL COMPANY LAW TRIBUNAL MUMBAI BENCH COURT-II
1. C.P.(IB)-142(MB)/2020
CORAM: SHRI H.P. CHATURVEDI, HON’BLE MEMBER (J) SHRI RAVIKUMAR DURAISAMY, HON’BLE MEMBER (T)
ORDER SHEET OF THE HEARING OF MUMBAI BENCH OF THE NATIONAL COMPANY LAW TRIBUNAL ON 15.02.2021
NAME OF THE PARTIES: - Glander International Bunkering
V/s Great Unison Contractors India Pvt. Ltd.
Section: 9 of Insolvency and Bankruptcy Code, 2016
ORDER
The matter is taken up through Virtual Hearing (VC). Ld. Advocate Mr. Anuj Jhaveri appeared for the Operational Creditor and Ld. Advocate Mr. Khalid Kazi appeared for the Corporate Debtor. Advocate for the Operational Creditor submitted that vide order dated 08.01.2019 in CP (IB)-1414/2018 the Corporate Debtor was admitted and CIRP proceedings was initiated. Further the liquidation Order was also passed and the liquidator was appointed on 23.01.2020. However, this petition was filed in December 2019, claiming some amount from the Corporate Debtor. Since the company is already under liquidation, Advocate for the Operational Creditor has filed a withdrawal memo dated 01.02.2021 and the same was perused and Advocate further submitted that the claim was also filed before the liquidator.
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In view of the above facts and circumstances, this Petition becomes infructuous and the Advocate for the Operational Creditor seeks permission from this Court for withdrawal of the present C.P (IB)-142/(MB)/2020. In view of the submissions and the perusal of the withdrawal memo, this C.P.(IB)- 142/(MB)/2020 stands disposed of as withdrawn . File be consigned to records.
Sd/-
RAVIKUMAR DURAISAMY Member (Technical)
Sd/-
H.P. CHATURVEDI Member (Judicial)
Dated this the 15th day of February 2021 Sushil
Glander International Bunkering
Great Unison Contractors India Pvt. Ltd.
H.P. Chaturvedi
Ravikumar Duraisamy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
