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TMI Blog2019 (7) TMI 1717X X X X Extracts X X X X X X X X Extracts X X X X ..... on for expression of interest - rejection on the ground that Regulation 30A states that withdrawal cannot be permitted after issue of invitation for expression of interest - HELD THAT:- Reliance placed in the case of BRILLIANT ALLOYS PRIVATE LIMITED VERSUS MR. S. RAJAGOPAL ORS. [2019 (3) TMI 1016 - SC ORDER] where it was held that the application can be withdrawn. The application under Section 12( ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... m Resolution Professional subsequently it is seen from the records of this Tribunal that one Mr. Anshul Gupta was appointed on 02.03.2019 as the Resolution Professional to carry forward the CIRP of the Corporate Debtor in the Ist COC Meeting held on the said date and subsequently this Tribunal has also confirmed the change from Interim Resolution Professional to Resolution Professional by its orde ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... plication contains the e-voting results as annexed which evidences that 100% voting has been cast in favour of withdrawal in view of the resolution passed for approving the settlement. Perusal of Form 'FA' as filed by Operational Creditor at Annexure A-7 at Page No. 10 shows that at Paragraph No. 5, the cost of CIRP under Section 31(c) and 31(d) has already been paid by the Corporate Debto ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ows "1. The only reason why the withdrawal was not allowed, though agreed to by the Corporate Debtor as well as the Financial Creditor-State Bank of India and the Operational Creditor-Respondent No. 3, is because Regulation 30A states that withdrawal cannot be permitted after issue of invitation for expression of interest. 2. According to us, this Regulation has to be read along with the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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