BRILLIANT ALLOYS PRIVATE LIMITED Vs. S RAJAGOPAL & ORS
LAWS(SC)-2018-12-87
SUPREME COURT OF INDIA
Decided on December 14,2018

BRILLIANT ALLOYS PRIVATE LIMITED Appellant
VERSUS
S RAJAGOPAL And ORS Respondents

JUDGEMENT

- (1.) The only reason why the withdrawal was not allowed, though agreed to by the Corporate Debtor as well as the Financial Creditor -State Bank of India and the Operational Creditor-Respondent No.3, is because Regulation 30A states that withdrawal cannot be permitted after issue of invitation for expression of interest.
(2.) According to us, this Regulation has to be read along with the main provision Section 12A which contains no such stipulation.
(3.) Accordingly, this stipulation can only be construed as directory depending on the facts of each case.;


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