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TMI Blog2019 (6) TMI 1276X X X X Extracts X X X X X X X X Extracts X X X X ..... or The Appellants : Mr. Rakesh Kumar and Ms. Chetna Bisht, Advocates For The Respondents : Mr. Amit Agarwal, FCS and Mr. Pankaj Agarwal and Mr. Sameer Rastogi, Advocates ORDER This appeal has been preferred by the Appellant(s), Directors/ Shareholders of 'M/s. Crown Realtech Private Limited'- ('Corporate Debtor') against the order dated 3rd December, 2018 passed by the Adjudicating Authority ( ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... settlement, a sum of Rs. 7 lakh was paid on 14th November, 2018 i.e. prior to the impugned order. After the impugned order, the formal settlement has been reached on 5th December, 2018 but much prior to the constitution of the 'Committee of Creditors'. 3. Mr. Sameer Rastogi, Advocate appearing on behalf of the Respondent- Mr. Puneet Kumar Jindal (HUF ('Financial Creditor') accepts that the part ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... December, 2018 i.e. prior to the 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 Respondent to withdraw the application under Section 7. We, accordingly, set aside the impugned order dated 3rd December, 2018 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t he is entitled to receive Rs. 3, 28, 000/- towards the fees and cost of 'Resolution Process'. Out of the same, a sum of Rs. 1,50,000/- has been paid. In the circumstance, we direct the 'Corporate Debtor' to pay the rest of the amount of Rs. 1, 78, 000/- to Mr. Amit Agarwal, the 'Interim Resolution Professional' within three weeks. The appeal is allowed with aforesaid observations and direction ..... X X X X Extracts X X X X X X X X Extracts X X X X
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