The Tribunal disposed of the winding up petition filed under Section 7 of the IBC after the applicant filed an affidavit settling the debt and seeking withdrawal. The financial debt was assigned to two individuals post-settlement.
Permission granted to withdraw the C.P.(IB) 4382/(MB)/2019 as withdrawn.
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NATIONAL COMPANY LAW TRIBUNAL MUMBAI BENCH, COURT-II
1. C.P.(IB) 4382/(MB)/2019
CORAM: SHRI H.V. SUBBA RAO, 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 09.02.2021
NAME OF THE PARTIES: - Anchor Enterprises Pvt. Ltd.
V/s
Omkar Ventures Pvt. Ltd.
Section: 7 of Insolvency and Bankruptcy Code, 2016
ORDER
The matter is taken up through Virtual Hearing (VC). Ld. Counsel Mr. Ashish Kamat i/b Abhishek Adke appeared for the Petitioner Financial Creditor and he submitted an affidavit for withdrawal. This affidavit is filed by Mr. Mehul Jadavji Shah, Director of the Financial Creditor dated 09.02.2021. The claim amount of the financial creditor is approximately Rs. 4 crores and the parties have settled for an amount of Rs. 2.10 Crores approximately. Therefore, they sought permission to withdraw the C.P. (IB)-4382/(MB)/2019 and the financial debt of Rs. 2.10 crores approximately have been assigned to Mr. Rikhav Piyush Shah and Mr. Rushabh Piyush Shah.
In view of the above submissions and the perusal of the affidavit
for withdrawal, this C.P.(IB)- 4382/(MB)/2019 is disposed of as withdrawn . File be consigned to records.
Sd/Sd/RAVIKUMAR DURAISAMY H.V. SUBBA RAO Member (Technical) Member (Judicial)
Dated this the 9th day of Feb 2021 SUSHIL
1 issue framed by the court
Whether permission to withdraw the Corporate Insolvency Resolution Process application is warranted upon settlement of the debt.
1 provisions across 1 enactments
Anchor Enterprises Pvt. Ltd.
Omkar Ventures Pvt. Ltd.
Mr. Rikhav Piyush Shah
Mr. Rushabh Piyush Shah
H.V. Subba Rao
Ravikumar Duraisamy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
