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2019 (9) TMI 962

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..... ther order (s) passed by Adjudicating Authority pursuant to impugned order and action taken by the Resolution Professional are set aside. The application preferred by the Respondent under Section 9 of the I B Code is disposed of as withdrawn. Appeal allowed. - Company Appeal (AT) (Insolvency) No. 352 of 2019 - - - Dated:- 3-5-2019 - Mr S. J. Mukhopadhaya, Chairperson, Mr A.I.S. Ch .....

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..... n 12th April, 2019 when the matter was taken up, learned counsel for the Appellant submitted that the parties have settled the matter and the Committee of Creditors have not yet been constituted. In the circumstances, the parties were allowed to file the Terms of Settlement and the notices were issued to the Operational Creditor and the Interim Resolution Professional . Pursuant to t .....

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..... we set aside the impugned order dated 28th March, 2019 and allow the respondent (Operational Creditor) to withdraw the application under Section 9 of the I B Code. The Adjudicating Authority will close the proceedings. The Terms of Settlement should be treated as a direction of this Appellate Tribunal and should be complied with in its letter and spirit. So far as the fee and resolution cost of .....

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