# In the matter of Chunilal Kanjibhai Gohel Vs. Indian Corp Law and Ors. CA(AT)(Ins) No. 84 of 2020

> NCLAT judgment dated 2020-03-07. Citation: TCN-2020-NCLAT-00329. The appeal was filed against the admission of an application under Section 9 of the…

- **Court:** NCLAT
- **Order date:** 7 Mar 2020
- **Citation:** TCN-2020-NCLAT-00329
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/chunilal-kanjibhai-gohel-vs-indian-corp-law-and-ors-ca-24ae2e89

## Summary

### Background

The appeal was filed against the admission of an application under Section 9 of the Insolvency and Bankruptcy Code, 2016 (IBC). The application was filed by Respondent No. 1. After the application was admitted, the Appellant contacted the Operational Creditor, and the dues were cleared on January 15, 2020, through RTGS. The appeal was filed on December 12, 2019, and January 20, 2020. The Tribunal directed the IRP not to constitute a Committee of Creditors.

## Facts

Chunilal Kanjibhai Gohel, Director of Paadam International Hotels Pvt. Ltd., filed an appeal against the admission of an application under Section 9 of the Insolvency and Bankruptcy Code, 2016 (IBC). The application was filed by M/s. Indian Corp Law Anantprabha LGF, the Operational Creditor (Respondent No. 1). The application under Section 9 was admitted on November 6, 2019. The Appellant contacted the Operational Creditor, and the dues of the Operational Creditor were cleared on January 15, 2020, through RTGS. Respondent No.1 stated that they are willing to withdraw the original application filed under Section 9 as they have received their dues. The Corporate Debtor is Paadm International Hotels Pvt. Limited (Respondent No. 2).

## Issues and analysis

### Issue 1: Whether the Respondent No.1 can withdraw …

**Ratio:** The court allowed Respondent No.1 to withdraw

…

**Reasoning:** Respondent No.1 stated that they are willing to withdraw the original application filed

…

**Interpretation:** This implies that if the operational creditor receives their dues, they can

…

**Application:** Since Respondent No.1 received their dues, they were allowed to withdraw the

…

## Parties

- **Judges:** A.I.S. C…; A.B. S…; +1 more
- **Appellants:** Chunilal Kanjibhai…
- **Respondents:** Paadm Internationa…; M/s. Indian Corp…
- **Advocates:** Priya…; Sabhay Cho…

## Timeline

- **2019-11-06 — Application A…**: Application under…
- **2020-01-15 — Dues Cle…**: Dues of the Operational…

## 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)

---

This is a preview. The full structured summary, issues, precedents and source judgment are available on CaseEase - Legal Intelligence Simplified: https://caseease.in/cases/ibc/nclat-new-delhi/chunilal-kanjibhai-gohel-vs-indian-corp-law-and-ors-ca-24ae2e89