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Nimisha Shashikant Mehta v. Maharaja Dyeing Private Limited

Nimisha Shashikant Mehta v. Maharaja Dyeing Private Limited

(National Company Law Tribunal)

C.P. No. 779/I&BC/(MB)/2017? | 16-04-2018

1.The Petitioner in person is present. He has marked his present in the Order Sheet. Further he has placed a letter from the Learned Resolution Professional dated 16.04.2018.

2.The relevant paras of the letter are reproduced below:

Due to recall of file by the Honble Bombay High Court, this Honble Bench on 27 September 2017 directed the Interim Resolution Professional not to take any further step in respect of corporation insolvency resolution process of the corporate debtor viz. Maharaja Dyeing Private Limited initiated pursuant to the Order dated 06 September 2017.

Now I have been informed that the parties have settled this matter and wants to withdraw the corporate insolvency resolution process initiated pursuant to the order of this Honble Tribunal.

Under the above circumstances, the continuation of the corporate insolvency resolution process of Maharaja Dyeing Private Limited is a question of law that this Honble Tribunal can decide appropriately.

3.Since the Resolution Professional has proposed for Withdawal of the Petition and close of the file, moreover, the Petitioner in person has also made a request to suo moto withdraw the Petition, as a consequence this Petition is disposed of as Withdrawn by the Petitioner.

4.It has also been informed by the Petitioner that the CIRP fees i.e. Professional fees of the Resolution Professional has also been cleared.

5.The Petition is disposed of as Withdrawn. To be consigned to the Records.

Advocate List
Bench
  • M.K. Shrawat, Member (Judicial))
Eq Citations
  • LQ/NCLT/2018/8245
Head Note

Insolvency and Bankruptcy Laws — CIRP — Dismissal/Settlement/Withdrawal — Dismissal/Settlement/Withdrawal of CIRP — Petitioner in person is present — He has marked his presence in the Order Sheet — Further he has placed a letter from the Learned Resolution Professional dt. 16-4-2018 — The relevant paras of the letter are reproduced below: ?Due to recall of file by the Hon'ble Bombay High Court, this Hon'ble Bench on 27 September 2017 directed the Interim Resolution Professional not to take any further step in respect of corporation insolvency resolution process of the corporate debtor viz. Maharaja Dyeing Private Limited initiated pursuant to the Order dt. 06 September 2017 — Now I have been informed that the parties have settled this matter and wants to withdraw the corporate insolvency resolution process initiated pursuant to the order of this Hon'ble Tribunal — Under the above circumstances, the continuation of the corporate insolvency resolution process of Maharaja Dyeing Private Limited is a question of law that this Hon'ble Tribunal can decide appropriately.? — Since the Resolution Professional has proposed for Withdawal of the Petition and close of the file, moreover, the Petitioner in person has also made a request to suo moto withdraw the Petition, as a consequence this Petition is disposed of as Withdrawn by the Petitioner — It has also been informed by the Petitioner that the CIRP fees i.e. Professional fees of the Resolution Professional has also been cleared — Petition is disposed of as Withdrawn. To be consigned to the Records.