In the matter of Srikant Sikaria Vs. CBRE South Asia Pvt. Ltd. & Anr. Company Appeal (AT) (Ins.) No. 657 of 2022

Mr. Pankaj Agarwal, the Learned Counsel appearing for the Appellant submits that the subsequent to admission of the Application by the Adjudicating Authority (National Company Law Tribunal, Kolkata Bench-I) the matter has been settled between the parties and the same is not disputed by the other side.

As such, the Learned Counsel for the Appellant seeks permission from this Tribunal to withdraw the instant Company Appeal (AT) (Ins) No. 657 of 2022 and acceding to the said request, the Company Appeal (AT) (Ins) No. 657 of 2022 is dismissed as withdrawn. No costs.

It is made quite clear that the dismissal of the instant Company Appeal (AT) (Ins) No. 657 of 2022 will not preclude the party as required under IBC and its Regulations to file Form-FA ‘Application for withdrawal of CIRP’ under Regulation 30A of the Insolvency and Bankruptcy Board of India (InsolvencyResolution for Corporate Persons), 2016 and to seek redressal of its grievance, of course, in the manner known to law and in accordance with law before the Adjudicating Authority.

It is open to Interim Resolution Professional for fee to file necessary Application relating to pendency of any fee due to her, which should be decided by the Adjudicating Authority as per law.

[Justice M. Venugopal]

Member (Judicial)

[Dr. Ashok Kumar Mishra]

Member (Technical)