In the matter of Ebullient Cables Pvt. Ltd.

DIVISION BENCH ITEM NO.3 NATIONAL COMPANY LAW TRIBUNAL ALLAHABAD BENCH PRAYAGRAJ IA NO.128/2024 IN CP (IB) No.03/ALD/2020 CORAM: 1. SHRI PRAVEEN GUPTA, HON’BLE MEMBER (JUDICIAL) 2. SHRI ASHISH VERMA, HON’BLE MEMBER (TECHNICAL) Date of Order: 1st March, 2024 Attendance-Cum-Order Sheet of the Hearing. NAME OF THE COMPANY ETA ENGINEERING PVT LTD V/S EBULLIENT CABLES PVT LTD UNDER SECTION 9 IBC (IN CIRP) COUNSEL APPEARED THROUGH PHYSICAL/ VIRTUAL HEARING: Ms. Babita Jain, Adv. with : For the Applicant/ IRP, Mr. Satyendra Sh. Mohd. Nazim Khan, PCS Sharma present in person Sh. Zia Ul Islam, Adv. : For the Operational Creditor ORDER IA NO.128/2024 1. Ld. Counsels representing their respective parties are present. 2. This application has been filed by the IRP U/s 12A for withdrawal of the main company petition U/s 9, wherein Form FA has been furnished vide Annexure-5 placed at page no.128 of the present application. Form FA was received by the IRP on 27.02.2024 before constitution of CoC informing about withdrawal of petition U/s 9, by the Operational Creditor. 3. Prayer has been made to consider this application as per the provisions of Regulation 30A of IBBI (Resolution Process for Corporate Persons) Regulation, 2016 (hereinafter referred to as CIRP Regulations), which provides for withdrawal of application U/s 9 before the constitution of the CoC. It is further stated in the application that IRP has not constituted CoC till date. -Sd- -Sd- -1/2-

4. In this case, order for initiation of CIRP was passed vide order dated 14.02.2024 appointing Sh. Satyendra Sharma, IRP. Thereafter, IRP took necessary steps in terms of provision of Section 13(2) to make the public announcements as envisaged in the CIRP Regulations, calling for claims from creditors (financial as well as operational) and workmen by 1st March, 2024 for the purpose of collating their claims and for formation of CoC. However, before any claim had been received, the IRP received withdrawal form in Form FA as mentioned above. 5. It is also stated by the Ld. Counsel representing the RP with RP in person through VC that the total CIRP cost including fees amounting to Rs.1,18,000/- has since then been paid through NEFT as a full and final consideration. 6. In view of the averments made in the application as well as the submissions made by the Ld. Counsel representing the RP, the present application has been found complete in all respect fulfilling all requirement of Regulation 30A of CIRP Regulations, and hence is allowed and the main petition i.e. CP (IB) No.03/ALD/2020 is dismissed as withdrawn. 7. In view of above order, the Corporate Debtor i.e. M/s Ebullient Cables Pvt. Ltd. is released from all rigours of the IBC, 2016 including its Section 14. The IRP is discharged from all his responsibilities. The Corporate Debtor shall now operate through its own Board.

-Sd- -Sd- (Ashish Verma) (Praveen Gupta) Member (Technical) Member (Judicial) 1st March, 2024 Kavya Prakash Srivastava (Stenographer) -2/2-