# In the matter of Anirudha Wankhede Vs. Association Road Cariers Ltd. & Anr.

> NCLAT judgment dated 2020-02-18. Citation: TCN-2020-NCLAT-00394. The case involves a Company Appeal (AT) (Ins) No. 228 of 2020 before the National Company Law…

- **Court:** NCLAT
- **Order date:** 18 Feb 2020
- **Citation:** TCN-2020-NCLAT-00394
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/anirudha-wankhede-vs-association-road-cariers-ltd-anr-1939ddae

## Summary

### Background

The case involves a Company Appeal (AT) (Ins) No. 228 of 2020 before the National Company Law Appellate Tribunal (NCLAT), New Delhi. The appellant, Anirudha Wankhede, is appealing against Association Road Carriers Ltd. & Anr. The IRP has filed a status report indicating the receipt of eight claims, seven from operational creditors and one from a financial creditor. The appellant's counsel states that the appellant has settled with the operational creditors and is prepared to settle with the financial creditor.

## Facts

Anirudha Wankhede filed an appeal against Association Road Carriers Ltd. & Anr. before the NCLAT. The IRP's status report revealed eight claims, seven from operational creditors and one from a financial creditor. The appellant claimed to have settled with the operational creditors and was willing to settle with the financial creditor. The Committee of Creditors had not yet been constituted. The appellant was directed to approach the IRP to place the matter before the Adjudicating Authority, and the IRP was temporarily restrained from forming the Committee of Creditors.

## Issues and analysis

### Issue 1: Whether the Appellant should be directed to approach the IRP to place the matter before the …

**Ratio:** Section 12A of the I&B Code allows for the withdrawal of an application under Section

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**Reasoning:** The court considered the appellant's claim of settlement with creditors and the fact that

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**Interpretation:** Section 12A provides a mechanism for settling disputes and withdrawing

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**Application:** The court directed the appellant to approach the IRP to facilitate the process

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## Parties

- **Judges:** Bansi Lal…; V. P. S…; +2 more
- **Appellants:** Anirudha Wa…
- **Respondents:** Association Road…
- **Advocates:** Harsh N G…; Zeeshan…; +1 more

## Timeline

- **2020-02-18 — Status Repor…**: The IRP filed a status report indicating the receipt of eight claims, seven from…

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