Tribunals and CommissionsDivision Bench

M/s. Burlington Finance Ltd vs M/s. Asian Hotels (North) Ltd

National Company Law Appellate Tribunal · Decided on 24 November 2021 · Citation: (2021) 11 NCLT CK 0057

HON’BLE JUDGES
Dr. P.S.N. Prasad, Member (J) · Rahul Bhatnagar, Member (T)
ACTS & SECTIONS REFERRED
Insolvency and Bankruptcy (Application to Adjudicating Authority) Rules, 2016 — Rule 8
RESULT
Dismissed
CASE NUMBER
IB 553/ND/2021
Ask AI about this case

AI Structured Summary

Not yet generated for this judgment

No AI summary yet

Generate an eight-section analysis of this judgment — facts, issues, reasoning, ratio and a plain-language gist.

Judgment

5 paragraphs · 206 words

IA/5160/2021

This is an application filed under Rule 11 of NCLT Rules along with the affidavit. The application has the copy of the settlement agreement dated September 8, 2021 as Annuxure A and copy of the addendum to the settlement agreement dated 8th September, 2021 as Annexure B.

The counsel for the Financial Creditor has submitted that his client intends to withdraw the company petition bearing CP No. 553/ND/2021 with a liberty to restore the same in case if the Corporate Debtor fails to adhere to the settlement agreement dated 8th September, 2021 read with the addendum to the settlement agreement dated 8th September, 2021.11.24

Having heard the submissions made by the counsel for the Financial Creditor as well as Corporate Debtor, the present petition filed under Section 7 bearing matter no. IB-553/ND/2021 stands dismissed as withdrawn with liberty to restore the same in the event of failure of any of the terms and conditions of the settlement agreement dated 8th September, 2021 read with the addendum to the settlement agreement dated 8th September, 2021. The matter is dismissed as withdrawn in terms of Rule 8 of IB (Application To Adjudicating Authority) Rules, 2016.

The case folders and connected papers may be consigned to Record Room.