TMI Blog2023 (5) TMI 139X X X X Extracts X X X X X X X X Extracts X X X X ..... r withdrawal of the application. The prayer for withdrawal of application was allowed. However, while recording disposal the Ld. Tribunal also granted liberty to revive in case of violation of settlement condition. The said order was passed long back on 21.01.2019. It is also not in dispute that after about expiry of three and half years, the appellant herein approached the NCLT for revival of the application filed under Section 9 of the Code. Section 9 application was filed claiming Operational debt of Rs. 1,34,18,197/-. Without application being admitted on the plea that applicant and corporate debtor had settled the dispute the applicant withdrew the application. Since the Applicant before the NCLT voluntarily withdrew the application ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lace. The Ld. NCLT by the order dated 11.08.2022 has dismissed the I.A. No. 3247/ND/2022. 2. By an order dated 21.01.2019 passed by NCLT, CP No. 1441.2018 was permitted to be withdrawn. The order dated 21.01.2019 is quoted herein below: Ld. Counsels submit that a compromise has been arrived at between the parties. In the light of the same, Ld. Counsel for the Operational Creditor submits that he has instructions to withdraw the present petition. He however seeks liberty to revive this petition in the event of default in the terms of the settlement. Liberty granted. Disposed off accordingly . 3. On perusal of the aforesaid order, it is evident that on submission made by Ld. Counsel that a compromise had already been arrived ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... passed by the National Company Law Tribunal, which was already overruled by this Appellate Tribunal. 7. In sum and substance, Ld. Counsel for the Appellant requests for setting aside the impugned order and directing for restoring/reviving of CP No. 1441/2018. 8. Besides herein, Ld. Counsel for the appellant, we have perused the materials available on record. Fact remains that initially the appellant herein had filed application under Section 9 of Code before the NCLT and it was numbered as CP No. 1441/2018. It is also a fact that the application filed under Section 9 was not even admitted and before its admission the applicant withdrew CP No. 1441/2018. Before the NCLT it was submitted that applicant and corporate debtor had arrived ..... X X X X Extracts X X X X X X X X Extracts X X X X
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