# In the matter of Abhishek Singh Vs. Huhtamaki PPL Ltd. and Ors. CA (AT) (Ins) No. 235 of 2021

> NCLAT judgment dated 2021-03-26. Citation: TCN-2021-NCLAT-00304. The case involves an appeal against the admission of an application under Section 9 of the…

- **Court:** NCLAT
- **Order date:** 26 Mar 2021
- **Citation:** TCN-2021-NCLAT-00304
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/abhishek-singh-vs-huhtamaki-ppl-ltd-and-ors-ca-d7d623a7

## Summary

### Background

The case involves an appeal against the admission of an application under Section 9 of the Insolvency and Bankruptcy Code, 2016 (IBC) against Manpasand Beverages Ltd., the Corporate Debtor. The Appellant is the Director of the Suspended Board of the Corporate Debtor. The Appellant settled the claim of the Operational Creditor, and an application for withdrawal was filed under Section 12A of the IBC.

## Facts

Abhishek Singh, the Director of the Suspended Board of Manpasand Beverages Ltd., filed an appeal against the admission of an application under Section 9 of the Insolvency and Bankruptcy Code, 2016 (IBC). The application was initially filed by Huhtamaki PPL Ltd., an Operational Creditor, against Manpasand Beverages Ltd. The Appellant and the Operational Creditor reached a settlement, leading to the filing of an application for withdrawal under Section 12A of the IBC. The Interim Resolution Professional (IRP) also filed an application before the Adjudicating Authority. The IRP reported that the money has been paid violating moratorium which the IRP has reported to the Adjudicating Authority. The Committee of Creditors (CoC) has not been constituted. The Appellant sought

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## Issues and analysis

### Issue 1: Whether the appeal can be withdrawn given the settlement between the Appellant and the Operational …

**Ratio:** The legal principle applied is that an appeal can be withdrawn if the parties have

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**Reasoning:** The court reasoned that considering the objects of the IBC and the settlement between the

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**Interpretation:** Section 12A of the IBC allows for the withdrawal of an application if the

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**Application:** In this case, the Appellant and the Operational Creditor reached a settlement,

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## Parties

- **Judges:** A.I.S. C…; Alok Sriv…
- **Appellants:** Abhishek…
- **Respondents:** Manpasand…; Huhtamaki P…

## Timeline

- **2019-01-01 — Application…**: Respondent No. 1-Operational Creditor filed C.P. (IB) No. 503/9/NCLT/AHM/2019 before…
- **N/A — Application A…**: The Application was admitted by the…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 9 — Application for initiation of corporate insolvency…](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-9)

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