When the Application under Section 12A of the Code has been filed prior to Constitution of CoC there is no requirement of obtaining consent of the CoC as required by Section 12A of the Code – Asif Abdullah Dalwai Vs. Arun Bagaria, IRP of Windals Auto Pvt. Ltd. & Anr. – NCLAT New Delhi
NCLAT holds that this Tribunal has already delivered a Judgment on 07.01.2022 in M/s Ashish Ispat Pvt. Ltd. Vs Primuss Pipes And Tubes Ltd. (2022) ibclaw.in 15 NCLAT holding that when the Application under Section 12A of the Code has been filed prior to Constitution of CoC there is no requirement of obtaining consent of the CoC as required by Section 12A of the Code. The issue which has been raised is fully covered by the Judgment of this Tribunal delivered on 07.01.2022. In view of the aforesaid, we are of the view that the Order passed by Adjudicating Authority directing withdrawal application be placed before the CoC is uncalled for. We set aside the Order dated 30th September, 2021 and direct that the Application filed by IRP under Section 12A of the Code be considered and appropriate order be passed by the Adjudicating Authority at the earliest.
