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Mukesh Bhardwaj vs Sarvottam Rolling Mills Private ...

National Company Law Appellate Tribunal27 April 2023Ashok Bhushan

Ratio decidendi

The rule this decision rests on

The Appellate Tribunal set aside an order admitting a Section 9 application and relieved the corporate debtor from the CIRP on the ground that, after admission, the operational creditor had been paid in full under a settlement, so that continuing the CIRP served no purpose. The principle the decision rests on is that where the operational creditor's debt has been fully discharged after admission of an application under Section 9 of the Insolvency and Bankruptcy Code, 2016, the continuation of the CIRP serves no purpose and the admission order may be set aside, with the corporate debtor relieved from the process, upon payment of the IRP's fee and publication expenses.

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

Judgment

As delivered

NATIONAL COMPANY LAW APPELLATE TRIBUNALPRINCIPAL BENCH, NEW DELHICompany Appeal (AT) (Insolvency) No. 529 of 2023IN THE MATTER OF:

Mukesh Bhardwaj ...Appellant

Versus

Sarvottam Rolling Mills Ltd. & Anr. ...Respondents

Present: For Appellant: Febin M Varghese, Dhiraj Philip, Samuel David, Advocates For Respondent: Mr. Shashwat Anand, Mr. Shashwat Parihar, Advocates for RP

ORDER

27.04.2023: This Appeal has been filed against the Order dated 10th

April, 2023 by which an Application under Section 9 of the Insolvency and

Bankruptcy Code, 2016 has been admitted by the Adjudicating Authority and

commenced the Corporate Insolvency Resolution Process.

2. Learned Counsel for the Appellant submits that after order dated 10th

April, 2023, settlement has been entered into between the Corporate Debtor

and the Operational Creditor dated 15th April, 2023 and in pursuance of the

Settlement, entire payment of the Operational Creditor has already been paid.

Learned Counsel for the Operational Creditor submits that Operational

Creditor has received the entire payment.

3. Learned Counsel for the IRP is also present and submits that he has

made publication in pursuance of the Impugned Order. Learned Counsel for

the Appellant submits that Adjudicating Authority has directed for payment

of Rs. 2 Lakhs as fee. He shall make the payment of Rs. 2 Lakhs as fee plus

expenses incurred by the IRP in publication.

-2-

4. We are of the view that in view of the aforesaid, there is no purpose in

continuing the CIRP against the Corporate Debtor. We set aside the Impugned

Order dated 10th April, 2023 and the Corporate Debtor is relieved from the

CIRP. We further direct the Appellant to make payment of Rs. 2 Lakhs as fee

plus expenses incurred in publication within two weeks from today to IRP.

The Appeal is disposed of.

[Justice Ashok Bhushan] Chairperson

[Mr. Barun Mitra] Member (Technical)

Basant/nn

Company Appeal (AT) (Insolvency) No. 529/2023

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