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Hetal Anish Shah Suspended Director Of ... vs Arihant Multi Commercial Ltd & Anr

National Company Law Appellate Tribunal18 April 2024

Ratio decidendi

The rule this decision rests on

The Tribunal set aside an order admitting a Section 7 application and closed the CIRP on the basis of consent terms between the financial creditor and the corporate debtor's director, recording payment of the settlement amount; no reasoned principle is stated in the text beyond the disposal itself.

Written by Miss Lucy from the judgment below, not taken from a headnote.

Judgment

As delivered

NATIONAL COMPANY LAW APPELLATE TRIBUNALPRINCIPAL BENCH, NEW DELHICompany Appeal (AT) (Insolvency) No.586 of 2024IN THE MATTER OF:

Hetal Anish Shah, Suspended Director, Vibgyor Vinimay Pvt. Ltd. ...Appellant

Versus

Arihant Mutli Commercial Ltd. & Anr. ...Respondents

Present: For Appellant: Mr. Prakhar Tandon, Ms. Abhismita Goswami, Advocates. For Respondents: Ms. Saiee Nirgude, Advocate for R-2. Mr. Manoj Sehgal, Advocate for RP.

ORDER

(Hybrid Mode)

18.04.2024: This Appeal has been filed against order dated 23.02.2024

by which Section 7 application filed by the Financial Creditor has been

admitted. In this appeal following interim order was passed on 20.03.2024:

"In the meantime, no further steps shall be taken in pursuance of the impugned order dated 23.02.2024."

2. An I.A. No.2469 of 2024 has been filed bringing on record the Consent

Terms singed by the Financial Creditor and the Director of the Corporate

Debtor that parties have settled the dispute and Corporate Debtor has paid

Rs.84.4 Lakh as full and final settlement and the CIRP may not continue any

further.

3. Taking Consent Terms brought on record, we set aside impugned order

dated 23.02.2024 and close the CIRP.

Cont'd.../ -2-

4. Learned counsel for the Appellant submits that the IRP fee has been

paid. In event IRP fee has not been paid, the Appellant shall make the payment

of fee and expenses of the IRP as directed by the Adjudicating Authority within

two weeks from today.

5. Appeal is disposed of accordingly.

[Justice Ashok Bhushan] Chairperson

[Barun Mitra] Member (Technical)

[Arun Baroka] Member (Technical) Archana/nn

Company Appeal (AT) (Ins.) No.586 of 2024

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