9911796707
TMI Blog2019 (5) TMI 820X X X X Extracts X X X X X X X X Extracts X X X X ..... udicial) For The Appellant : Mr. Jayant Mehta, Advocate For The Respondents : Ms. Anjali Sharma, Advocate And Mr. Anuj Mirdha, Advocate ORDER On 1st March, 2019, when the matter was taken up, following order was recorded: "01.03.2019 The appeal has been preferred against the order dated 14th February, 2019 passed by the Adjudicating Authority (National Company Law Tribunal), Mumbai Bench a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... erred by the 'Corporate Debtor' which is not maintainable in view of the decision of the Hon'ble Supreme Court in "Innoventive Industries Ltd. v. ICICI Bank" - (2018) 1 SCC 407]. Learned counsel for the appellant sought permission to file application for substitution by one of the Directors/Shareholders of the 'Corporate Debtor' and to transpose 'M/s. Shah Group Builders Limited' through IRP as 2n ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... es have settled the matter prior to constitution of the 'Committee of Creditors', in the light of the decision of the Hon'ble Supreme Court in 'Swiss Ribbons Pvt. Ltd. & Anr. Vs. Union of India & Ors.', Writ Petition (Civil) No. 99/2018 (2019 SCC OnLine SC 73)", we allow the prayer as made on behalf of the Respondent to withdraw the application as was filed by him under Section 7. We, accordingly, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... has already been paid. In the circumstance, we direct the 'Corporate Debtor' to pay the rest of the amount of Rs. 2,50,000/- to the 'Interim Resolution Professional' within three weeks. 8. It is also informed that for the rest of the amount is payable by post-dated cheques issued by the Appellant. The Appellant and the 1st Respondent being bound by the 'Terms of Settlement' will ensure that the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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