# In the matter of Ardor Global Pvt. L. Vs Nirma Industries P. L. CA (AT) No. 135-2017

> NCLAT judgment dated 2017-08-21. Citation: TCN-2017-NCLAT-00131. Ardor Global Pvt. Ltd. filed an appeal against an order dated 11th July 2017 passed by the…

- **Court:** NCLAT
- **Order date:** 21 Aug 2017
- **Citation:** TCN-2017-NCLAT-00131
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/ardor-global-pvt-l-vs-nirma-industries-p-l-ca-30f157b6

## Summary

### Background

Ardor Global Pvt. Ltd. filed an appeal against an order dated 11th July 2017 passed by the Adjudicating Authority (National Company Law Tribunal), Ahmedabad Bench, Ahmedabad in C.P. (I.B.) No. 34/9/NCLT/AHM/2017. The Adjudicating Authority had noted defects in the application and allowed the petitioner to withdraw the petition with liberty to file a fresh petition.

## Facts

Ardor Global Pvt. Ltd. (Appellant) filed an appeal against an order passed by the Adjudicating Authority (National Company Law Tribunal), Ahmedabad Bench. The Adjudicating Authority had noted defects in the application filed by the Operational Creditor/Petitioner and allowed the petitioner to withdraw the petition with liberty to file a fresh petition. The appellant contended that the Adjudicating Authority should have allowed seven days to rectify the defects. The appellant also argued that filing a subsequent petition would be barred by 'constructive res judicata'. The Adjudicating Authority's order was based on the defects found in the written communication filed by the IRP in form no. 2 and in the affidavits of Mr. Jitendra Patel dated 26.05.2017. The respondent's

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## Issues and analysis

### Issue 1: Whether the Adjudicating Authority was correct in allowing the Operational Creditor to withdraw the …

**Ratio:** Rule 8 of the Insolvency & Bankruptcy (Application to Adjudicating Authority) Rules,

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**Reasoning:** The court reasoned that it is always open to the Adjudicating Authority to allow a party

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**Interpretation:** Rule 8 provides the Adjudicating Authority with the power to allow withdrawal

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**Application:** The court applied Rule 8 to the facts of the case, noting that the Adjudicating

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## Parties

- **Judges:** S.J. Mukhop…; Balvinder…
- **Appellants:** Ardor Global Pvt.…
- **Respondents:** Nirma Industries…
- **Advocates:** Virender…; Ashok Bhail…; +4 more

## Timeline

- **2017-07-11 — Order by Adjudicating…**: The Adjudicating Authority (National Company Law Tribunal), Ahmedabad Bench, passed an…
- **2017-08-21 — Appeal F…**: Ardor Global Pvt. Ltd. filed an appeal against the order dated 11th July 2017 passed by…

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