In the matter of ARN IOT Solutions Pvt. Ltd.
- CitationIA No.226 of 2023 in CP (IB) No.97-BB-2021
Ratio decidendi
The rule this decision rests on
A withdrawal of a corporate insolvency resolution process under Section 12A of the Insolvency and Bankruptcy Code, 2016 may be permitted where the conditions in that section, read with Regulation 30A of the IBBI (Insolvency Resolution Process for Corporate Persons) Regulations, 2016 and Rule 11 of the NCLT Rules, 2016, are satisfied; the Adjudicating Authority is satisfied that they are here, the application for withdrawal being filed by the Resolution Professional on the basis of a settlement with the Operational Creditor who submitted the prescribed Form FA and a Committee of Creditors resolution approving withdrawal by 100% voting share. On withdrawal being permitted, the Corporate Debtor is released from the CIRP, the Resolution Professional is discharged, the Resolution Professional is directed to hand over the assets and affairs to the suspended Board of Directors, and the moratorium ceases to have effect from the date of the order.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
IN THE NATIONAL COMPANY LAW TRIBUNAL SPECIAL BENCH, BENGALURU (through web-based video conferencing platform) ITEM No. 08 IA No.226 of 2023 in CP (IB) No.97/BB/2021 IN THE MATTER OF: M/s. TVS Supply Chain Solutions Ltd. … Petitioner Vs. M/s. ARN IOT Solutions Pvt. Ltd. … Respondent Order under Section 9 of Insolvency & Bankruptcy Code, 2016 Order delivered on: 24.04.2023 CORAM: MS. BIDISHA BANERJEE HON’BLE MEMBER (JUDICIAL) SH. MANOJ KUMAR DUBEY HON’BLE MEMBER (TECHNICAL) PRESENT: The RP : Shri Kanekal Chandrasekhar For IA 226/2023 : Ms. Suresha N., Adv. ORDER IA No.226 of 2023: 1. This application has been filed by Shri Kanekal Chandrasekhar, Ld. RP under Section 12A of the I&B Code, 2016 r/w Regulation 30A(1)(b) of the IBBI (Insolvency Resolution Process for Corporate Persons) Regulations, 2016 inter alia seeking to permit the Applicant to withdraw the CIRP initiated against the Corporate Debtor. 2. Brief facts of the Application are that this Adjudicating Authority vide order dated 01.12.2022 has admitted the Petition and initiated CIRP in respect of the Corporate Debtor in CP bearing CP (IB) No.97/BB/2021 and appointed the Applicant herein as the IRP of the Corporate Debtor besides imposing moratorium, etc. …2
:: 2 :: 3. Pursuant to paper publication for inviting claims, the IRP had constituted the Committee of Creditors (CoC). CoC in its 1st meeting held on 17.01.2023 has appointed the Applicant as Resolution Professional with a voting share of 100%. In the meantime, the Petitioner had arrived at a settlement with the Corporate Debtor on 17.01.2023. Pursuant thereto the Petitioner- Operational Creditor has submitted Form-FA to the RP complying with the requirements as stipulated in Regulation 30A, which is placed at Annexure- C. Subsequently, CoC in its 2nd meeting held on 18.03.2023 consented to withdraw the CIRP against the Corporate Debtor with a voting share of 100%. Copy of the resolution is placed at Annexure-D to the Application. 4. Heard the Ld. Counsel for the Applicant-RP. 5. Since the conditions for withdrawal for CIRP u/s 12A of the Code r/w Regulation 30A of the IBBI (IRP for Corporate Persons) Regulations, 2016 and Rule 11 of the NCLT Rules, 2016 have been satisfied, this Adjudicating Authority has no objection for withdrawal of this Petition. Therefore, the instant Applicant is hereby allowed. 6. Consequently, the Corporate Debtor is hereby released from the rigours of CIRP and the RP so appointed, is directed to handover the charge of the Assets and affairs of the Corporate Debtor back to the Suspended Members of the Board of Directors of Corporate Debtor. Accordingly, RP is discharged from his duties of the Corporate Debtor, and moratorium imposed shall be ceased to have effect from the date of this order. 7. Accordingly, IA No.226 of 2023 stands disposed of and consequently, C.P. (IB) No.97/BB/2021 stands closed.
Sd/- Sd/- MANOJ KUMAR DUBEY BIDISHA BANERJEE MEMBER (TECHNICAL) MEMBER (JUDICIAL) Krishna
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