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2021 (5) TMI 246 - Tri - Insolvency and BankruptcyPermission for withdrawal of Corporate Insolvency Resolution Process (CIRP) - Section 12A of Insolvency And Bankruptcy Code, 2016 (IBC) and Regulation 30A of Insolvency and Bankruptcy Board of India [Insolvency Resolution Process for Corporate Persons] Regulations, 2016, (Regulations) r/w Rule 11 of NCLT, Rules 2016 - HELD THAT:- Perusal of the statement of the expenditure as made out at Page No. 37 discloses that apart from the fees as claimed by the IRP a major portion of the expenditure seems to have been incurred in respect of meeting of the expenditure in relation to Advocate fees for filing of the Application under Section 19(2) as well as the present Application and for filing a Counter to the Application as filed by the erstwhile Director under Section 60(5) of the IBC, 2016. Since already a sum of ₹ 2,00,000/- as represented by the Operational Creditor seems to have been paid and the additional cost in a sum of ₹ 75,000/- seems to have been incurred in relation to the legal cost, in view of non-cooperation on the part of the personnel of the Corporate Debtor and also in defending the Application as filed by the erstwhile Director of the Corporate Debtor, it is appropriate that the balance sum of ₹ 73,938.45 is required to be defrayed by the Corporate Debtor. The CIRP initiated against the Corporate Debtor stands withdrawn.
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