In the matter of Status Seramik India Private Limited
- CitationIA/417(AHM)2026 in CP(IB)/461(AHM)2025
Ratio decidendi
The rule this decision rests on
The Tribunal allows withdrawal of a Section 9 application and termination of the corporate insolvency resolution process where the operational creditor, after settling the outstanding debt, seeks withdrawal under Section 12A read with Regulation 30A(1)(a) before the Committee of Creditors is constituted, and the withdrawal is allowed on that basis.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
IN THE NATIONAL COMPANY LAW TRIBUNAL DIVISION BENCH, COURT -1, AHMEDABAD ITEM No.2 -IAJ417(AHM)2026 in C.P.((B)461(AHM)2025 Proceedings under Section 9 IBC IN THE MATTER OF: Resipol Adhesives Pvt. Ltd ..A.pplicant V/s Status Seramik India Pvt. Ltd •..Respondent Order delivered on: 17/03/2026 CORA M: MR. SHAMMI KHAN, HON'BLE MEMBER (J) MR. SANJEEV SHARMA, HON'BLE MEMBER (T) PRESENT: For the Applicant : Mr. Anurag Bhatt, Adv. For the Respondent : Mr. Nipun Singhvi, Adv. a.w. Ms. Pragati Tiwari, Adv. ORDER (Hybrid Mode) IAJ417(AHM)2026 1. This is an application filed by the Applicant under Section 12A of the Insolvency a P B e n a r n d s k o r B n u a s p n ) t k c r y u R p e t g B c u o y l a a r t d C i o o d n o e s f, , I 2 2 n 0 d 0 i 1 1 a 6 6 w ( i I s t n e h s e o k l i R v n e e g g n u c l y a w t i i t R o h e n d s r o a l 3 w u 0 a t A l i on ( o 1) f P o r C f o o c r t e p h s o e s r a I t f n e o s r o l I v C n e o s n r o c p l y o v r e l a n a t c n e y d f R o e l s l o o l w u i t n i g o n p ra P ye r r o s c : e ss (CIRP) initiated vide order dated 25.02.2026, with the a. Your Lordships may be pleased to allow the present application; A APANY A s S t a v h l p u h i e p l b a e l o m w r i w i I e c B t h a o t o t f T e C i l h d o o d t e n h d e f e r o e b H r e o o s w a n v f e i r i ' t d t i b C t e h n l o l d g e r e r o p m a r o e T w C d r r n. a e a i t P l r t b. u e b a d ( n y 1 g a a D. t r l B O e e ) e p b d e b e t N e m r o o 2 a e r. 5 t n p i. d t l o 0 a e 4 n 2 t a 6 e a. e s 1 l x 2 d e e 0 o C d c 2 f 0 r u 6 e 9 t t 2 d. o i e 0 a 0 t d 2 g 3 o a a 5 r. l i; b 2 l n o 0 y a s a w d 2 t n m 6 O d i w p t t i a e h t t n r e e h a d d d t C r i i o u a n o r w n n p l a d a o i l e l g r h r a t o C t f S r e o e e f i c d D n t i F e s i t o o o b o r l n t r m v o e - 9 r a n F n c o i A d y n f C. The Hon'ble Tribunal be pleased to pass such orders as this Hon'ble Tribunal may deem fit and proper in the facts and circumstances of the present matter 2. A C ( It p E o n p r i g l s p l i o i c a r s a p a h n p t ) t r e i s a m D e n e a d b d d t e o t r h S. a a a t n d p p u e u b r s l s h i u c a n a ( t n G j n t a o o r u a t n t h i c e ) e, m C e i I n n R v t i P t i o n i n g n it 2 c ia 7 l t. a i i 0 on m 2 s. o 2 r 0 f d 2 r e 6 o r m i d n a t t h T e e h d e c 2 r I 5 e n. d d i 0 i t 2 a o. n r 2 s 0 E 2 x 6 o p f, r e t t s h h e s e AK
However, a settlement agreement dated 09.03.2026 was executed between Mr. Manan Hareshbhai Patel, shareholder of Status Seramik India Pvt. Ltd., and the Operational Creditor, M/s. Resipol Adhesives Pvt. Ltd., to fully settle the outstanding debt and facilitate withdrawal of the CIRP (CP (IB) No. 461 of 2025) initiated on 25.02.2026. Following this, the Operational Creditor submitted Form FA on 10.03.2026 (received by the IRP on 11.03.2026) seeking withdrawal under Regulation 30A. Therefore, the suspended director had filed an appeal before the Hon'ble 4 NCLAT, which directed the IRP to collate claims but not take further steps. Based on the settlement, the Applicant filed an Interlocutory Application under Section 12A read with Regulation 30A (1)(a) seeking permission to withdraw the Section9 application before the CoC is constituted. The Applicant has been paid professional fees and ClRP expenses up to 10.03.2026 and has undertaken that any future expenses will be borne by the Operational Creditor. 5. We have heard the learned counsel for the Applicant/lRP as well as learned counsel for the Respondent and perused the record. Since the settlement has been arrived before the constitution of the CoC, on the basis of the settlement arrived between the parties. Hence, we hereby allow the Applicant/lRP to withdraw this application. 6 In view of the above, the CIRP, which was initiated against the Corporate Debtor - Status Seramik India Private Limited vide order dated 25.02.2026 is hereby terminated, and the CP(IB)/461(AHM)2025 admitted under Section 9 of the IBC stands withdrawn. Consequently: B) The moratorium imposed under Section 14 of the IBC ceases to have effect from the date of this order. (6)T he Corporate Debtor is released from the rigours of CIRP and is to function through its own Board of Directors/Management. (o) The Applicant/IRP is discharged from his duties and responsibilities with effect from the date of this order. 7. The Applicant/|RP and Registry shall forthwith forward a copy of this order to the Corporate Debtor, Registrar of Companies, and Bankruptcy Board of Indią. ((BBI), for necessary compliance and reCords. 8. In view of the above, IAJ417(AHM)2026 in CP(IB)/461 (AHM)2025 stands allowed and disposed of.
SANJEEV SHARMA SHAMMI KHAN MEMBER (TECHNICAL) MEMBER (JUDICIAL) Prepared byBhaik Ccriied to be îrue Copy íte Üiqinal Signature Es Assistant Registrar (9l3L4 Lal•3126 NCLT, Ahmedabad Bench Alhmedabad
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