Miss Lucy
← All judgments

Mr. D.S. Reddy vs Eco Drilling Fluids Pvt. Ltd. & Ors

National Company Law Appellate Tribunal3 March 2020

Ratio decidendi

The rule this decision rests on

The Tribunal, exercising its power under Rule 11 of the NCLAT Rules, 2016, will accept a withdrawal of an operational creditor's Section 9 application where the parties have settled the dispute and the operational creditor has received the full amount due, and in doing so will set aside the admission order and the consequent insolvency steps taken by the interim resolution professional, releasing the corporate debtor to function through its Board, subject to the Adjudicating Authority's determination and approval of reasonable CIRP costs and fees payable by the corporate debtor to the IRP.

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

Judgment

As delivered

NATIONAL COMPANY LAW APPELLATE TRIBUNALNEW DELHICompany Appeal (AT) (Ins) No.96 of 2020

[Arising out of Order dated 06.01.2020 passed by National Company Law Tribunal, New Delhi (Court No.IV) in Company Petition No.IB-1584/ND/2019]

IN THE MATTER OF: Before NCLT Before NCLAT

Mr. D.S. Reddy .... Appellant Partner, DSTR Infrastructure & Projects LLP, L II-143B LIG Flat Kalkaji New Delhi South Delhi DL 110019

Versus

1. Eco Drilling Fluids Applicant/ Respondent No.1 Pvt. Ltd. Operational Debtor Unit No. 04, G.F., Bldg No.01, C-2 Type, Sector 2, Opp. Abbott Hotel, Vashi-Navi Mumbai-400703

2. Mr. Dharm Vir Gupta IRP Respondent No.2 Interim Resolution Professional, D-701, Antriksh Apartment, Plot No.26, Sector - 4, Dwarka, South West, Delhi - 110078

3. DSTR Infrastructure Respondent/ Respondent No.3 & Projects LLP Corporate Debtor Through Interim Resolution Professional, L II-143B LIG Flat Kalkaji New Delhi South Delhi - 110019 2

For Appellant: Shri Mukesh Rana and Ms. Mamta, Advocates

For Respondents: Ms. Shradha Agrawal, Advocate (R-1) Ms. Prachi Johri, Advocate for RP (R-2)

ORDER

03.03.2020 Respondent No.1 - Operational Creditor filed Application

under Section 9 of Insolvency and Bankruptcy Code, 2016 (IBC - in short)

before the Adjudicating Authority [National Company Law Tribunal, New

Delhi (Court No.IV)] in Company Petition No.IB-1584/ND/2019 and the same

was admitted on 6th January, 2020.

2. Against such admission of the Application, present Appeal has been

filed by Mr. D.S. Reddy, partner of the LLP - Respondent No.3 (Corporate

Debtor).

3. It is now stated that the Operational Creditor and the Appellant have

settled the dispute between the parties and on behalf of the Corporate Debtor,

payment has been made of the dues of the Operational Creditor. Advocate -

Shri Mukesh Rana refers to Application filed vide Diary No.19251 with the

Compromise Deed [Annexure - 1 (colly)]. The Advocate on behalf of the

Operational Creditor - Ms. Shradha Agrawal is present and she states that

the Operational Creditor has received all the amount of the dues and nothing

remains to be received, and wants to withdraw the Original Application.

4. The Learned Counsel for IRP (Interim Resolution Professional) states

that COC (Committee of Creditors) is yet not constituted. She states that if

the parties are settling the dispute, the CIRP (Corporate Insolvency Resolution

Company Appeal (AT) (Ins) No.96 of 2020 3

Process) costs and fees of IRP may be paid. It is stated that when the

proceeding was initiated, Rs.2 Lakhs were paid to the IRP.

5. Considering Judgement of the Hon'ble Supreme Court in the matter of

"Swiss Ribbons Pvt. Ltd. & Anr. vs. Union of India & Ors." reported as

2019 SCC OnLine SC 73, in exercise of powers under Rule 11 of National

Company Law Appellate Tribunal Rules, 2016, we accept the request made

by the Counsel for Appellant and Counsel for Respondent No.1. The request

of Respondent No.1 is that the Respondent No.1 wants to withdraw the

original Application filed under Section 9 of IBC, in view of the settlement

reached by the parties.

6.(A) For reasons stated, the Appeal is allowed.

(B) The Impugned Order is quashed and set aside. Respondent No.1 is

permitted to withdraw the original Application filed before the Adjudicating

Authority.

(C) Actions taken by IRP/RP in consequence of the Impugned Order are

quashed and set aside. The Corporate Debtor is released from the rigour of

law and is allowed to function independently through its Board of Directors.

The IRP/RP will hand back the records and management of the affairs of

Corporate Debtor, to the Board of Directors.

(D) The IRP/RP will place particulars regarding CIRP costs and balance fees

before the Adjudicating Authority. The Adjudicating Authority may consider

the same and approve reasonable CIRP costs including fees and direct the

Company Appeal (AT) (Ins) No.96 of 2020 4

Corporate Debtor to pay the same to the IRP in a time to be specified by the

learned Adjudicating Authority. In case of default, parties would be at liberty

to move this Tribunal for recall of the present Order.

The Appeal is disposed accordingly.

[Justice A.I.S. Cheema] Member (Judicial)

(Justice A.B. Singh) Member (Judicial)

[Kanthi Narahari] Member (Technical)

/rs/md

Company Appeal (AT) (Ins) No.96 of 2020

This page reproduces a public judgment and a summary of it. It is research material, not legal advice, and it is no substitute for advice from an advocate on your own facts.

Research this judgment with Miss Lucy

Ask what it holds, what has followed it, and what it means for your matter — in plain English, with the citations.

Try Miss Lucy free