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In the matter of Ted Travel & Experiences Private Limited

National Company Law Tribunal3 June 2024

Ratio decidendi

The rule this decision rests on

Where the Committee of Creditors has resolved by 100% voting to withdraw the corporate insolvency resolution process, and the Section 9 petition has been settled with the corporate debtor, the Adjudicating Authority may permit withdrawal of the application under Section 12A of the Insolvency and Bankruptcy Code, 2016, read with Regulation 30A of the CIRP Regulations, 2016, and dismiss the petition as withdrawn. Upon such withdrawal, the moratorium under Section 14 ceases to have effect, the corporate debtor is restored to its original management, and the resolution professional is discharged.

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

Judgment

As delivered

IN THE NATIONAL COMPANY LAW TRIBUNAL: NEW DELHICOURT-VIItem No. 614IB-2417(ND)/2019IA/417/2024IN THE MATTER OF:M/s. Tek Travels Pvt. Ltd. …PETITIONERVsM/s. Ted Travels and Experiences Pvt. Ltd. …RESPONDENTSectionU/s 9 of IBC, 2016 Order delivered on 03.06.2024Hybrid Hearing (PHYSICAL & VC)Coram:SHRI MAHENDRA KHANDELWAL, HON’BLE MEMBER (JUDICIAL)SHRI RAHUL BHATNAGAR, HON’BLE MEMBER (TECHNICAL)PRESENT:For the Petitioner/Operational Creditor :For the Applicant :Mr. Ashok Juneja, Adv. in IA No.IA/417/2024.ORDERIA/417/2024

This is an application filed by the IRP under Section 12A of the IBC, 2016 read with Regulation 30A seeking liberty to withdraw the Section 9 petition i.e. IB-2417/ND/2019.

Heard the Ld. Counsel on behalf of the Applicant. It was submitted that Section 9 petition was admitted by this Adjudicating Authority vide order dated 19.03.2021 and CoC in its meeting held on 24.01.2024 by 100% voting considered a proposal for withdrawal and resolved that an application for withdrawal of the CIRP be filed before this Adjudicating Authority.

Ld. Counsel for the Petitioner has submitted that the matter has been settled with the Corporate Debtor. Ld. Counsel also submitted that CIRP (Mohit)

expenses have already been paid. In view of the provisions contained in Section 12A of the IBC read with Regulation 30A of the IBBI, CIRP Regulations, 2016 and in view of the resolution passed by the CoC with 100% voting, liberty is granted to the Applicant to withdraw the Company Petition i.e. IB-2417/ND/2019 and the same is dismissed as withdrawn.

Corporate Debtor is restored to its original management and the RP is discharged from its duties. The moratorium issued under Section 14 will cease to have effect. RP is directed to handover all the materials and documents available with him to the erstwhile management of the Corporate Debtor.

With these observations, IA is disposed of.

Sd/- Sd/- (Rahul Bhatnagar) (Mahendra Khandelwal) Member (T) Member (J)

(Mohit)

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