National Company Law Appellate Tribunal
Dharmesh Jain vs Idbi Trusteeship Services Ltd. & Anr on 9 December, 2021
NATIONAL COMPANY LAW APPELLATE TRIBUNAL,
PRINCIPAL BENCH, NEW DELHI
Company Appeal (AT) (Ins) No. 601 of 2021
IN THE MATTER OF:
Dharmesh Jain, ....Appellant
Managing Director (Suspended)
Vs.
IDBI Trusteeship Services Ltd. & Anr. ...Respondents
Present:
For Appellant: Mr. Arun Kathpalia, Sr. Advocate with Mr. Kunal
Mimani, Mr. Shikhar Khare, Mr Ashok Paranjpe, Mr.
Kunal Vajani, Ms. Ujjwala Deshmukh, Mr. Shreyas
Lele, Mr. Ketul Hansraj, Mr. Kauser Husain and Mr.
Gokula Krishnan, Advocates.
For Respondents: Mr. Krishnendu Datta, Sr. Advocate with Ms.
Debashree Dey, Mr. Durgesh Khanapurkar, Advocates
for R-1.
Mr. Jaimin R. Dave for IRP.
Mr. Harshad Vyas, Mr. Ativ Patel and Mr. Darshit
Dave, (Intervenor for SREI Equipment Finance Ltd.)
Mr. Shikhil Shiv Suri, Ms. Madhu Suri, Ms. Mahima
Aggarwal, Ms. Nikita Thapar, Ms. Komal Gupta and Ms.
Vinishma Kaul,(Intervenor for Homebuyers).
ORDER
(Through Virtual Mode) 09.12.2021: Mr. Arun Kathpalia, Learned Senior Counsel appearing for the Appellant in CA (AT) (Ins) No. 601 of 2021, informs this Tribunal that settlement has been arrived between the parties and accordingly seeks permission from this Tribunal to withdraw this Appeal. Acceding to his request for withdrawal of the Appeal is dismissed as withdrawn. No costs.
The Learned Counsel for the Appellant in the aforesaid Appeal is permitted to file withdrawal Application under Section 12A of I & B Code, 2016 before the Adjudicating Authority (National Company Law Tribunal Mumbai -2- Bench) Mumbai, within one week from the date of Receipt of the Copy of this order. Upon filing of the Application under Section 12A of I & B Code, 2016 by the Applicant, the Adjudicating Authority shall dispose of the same within two weeks thereafter. Of course, after providing the opportunity to the concerned parties in the manner known to Law and in accordance with Law.
Till the disposal of the 12A Withdrawal Application by the Adjudicating Authority, the Resolution Professional not to constitute the Committee of Creditors.
All Connected Interlocutory Applications pending if any are closed.
[Justice M. Venugopal] Member (Judicial) [V.P. Singh] Member (Technical) [Dr. Ashok Kumar Mishra] Member (Technical) sr/gc Company Appeal (AT) (Ins) No. 601 of 2021