In the matter of Sanskrut Jewel Residency LLP
- CitationIA 313 of 2022 in CP(IB) 402 of 2019
Ratio decidendi
The rule this decision rests on
The Tribunal allowed the Section 12A withdrawal application on the basis of the settlement and Form FA consent, but it also expressed disapproval of a settlement reached after the admission order, holding that such late settlements should be discouraged because they consume the Tribunal's time, and it directed the corporate debtor to pay Rs. 10,000 to the Prime Minister's Relief Fund within seven days as a consequence.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
PRESENT: For the Applicant : Mr. Arjun Padhiyar, Adv. ORDER IA 313 of 2022 Application is filed under Section 12A by IRP who was appointed vide order dated 04.03.2022 initiating the Corporate Insolvency Resolution Process against the corporate debtor. Learned Counsel for IRP states that the parties have amicably settled the matter vide settlement deed dated 22.03.2022. Copy of said settlement deed is annexed with the application. Intimation with respect to settlement received by IRP on 23.03.2022 is also annexed with the application. Thereafter, in compliance of Regulation 30A(3), filed this application within time seeking withdrawal of the IB Application. Form FA being consent is also annexed with the application. We fail to understand that during the hearing, nobody was representing corporate debtor but before the hearing, some of the partners of the corporate debtor LLP sought indulgence without taking any responsibility on behalf of corporate debtor. The indulgence was granted but the matter was not settled and after passing of the reasoned order of admission in CIRP, within two weeks, the entire amount of Rs.9 crore is agreed to be paid with down payment of Rs. 50 lakhs. In order to discourage such kind of practice of waiting till the admission order is passed and immediately thereafter settling the matter, should be discouraged as the precious time of the Tribunal is consumed in such type of litigation which ultimately get settled. We allow the application and further direct the corporate debtor to pay Rs.10,000/- in the Prime Minster Relief Fund within 7 days. Let payment details be filed with the Registry within 7 days. Application is allowed thereby IA 313 is disposed of. IB 402 of 2019 stands withdrawn and disposed of. -Sd- -Sd- AJAI DAS MEHROTRA DR. DEEPTI MUKESH MEMBER (TECHNICAL) MEMBER (JUDICIAL)
Prakash
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