IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO.6013 OF 2021
RAVINDRA G. SAPKAL ... APPELLANT(S)
VS.
SAMATA NAGARI SAHKARI PATSANTHA MARYADIT & ANR. ...RESPONDENT(S)
O R D E R
Heard the learned counsel appearing for the
appellant.
We have perused the impugned order of the National
Company Law Appellate Tribunal (NCLAT) which affirmed the
order of the adjudicating authority by which an
application under Section 7 of the Insolvency and
Bankruptcy Code, 2016 (for short, "IB Code") was
admitted. Perhaps, in view of the statement of the first
respondent recorded in the order dated 9th March, 2022,
this Court granted the interim relief. Once a petition
under Section 7 of the IB Code is admitted, its
withdrawal can be possible only if a compliance is made
with Section 12A of the IB Code.
1
In view of Section 12A of the IB Code, obviously on
the basis of the statement of the first respondent,
interference cannot be made with the impugned order. We
agree with the view taken by the NCLAT. There is no
error therein. Accordingly, the appeal is dismissed.
..........................J. (ABHAY S.OKA)
..........................J. (AUGUSTINE GEORGE MASIH)
NEW DELHI; December 17, 2024.
2
ITEM NO.26 COURT NO.5 SECTION...