# In the matter of Euro Pratik Ispat (India) Pvt. Ltd. Vs. Ramesh Shetty, Resolution Professional of
The 4Mann Industries Pvt. Ltd. & Ors.  CA (AT) (Insolvency) No. 643 of 2020

> NCLAT judgment dated 2020-08-29. Citation: TCN-2020-NCLAT-00146. The case involves an appeal against an order of withdrawal of a company petition. The…

- **Court:** NCLAT
- **Order date:** 29 Aug 2020
- **Citation:** TCN-2020-NCLAT-00146
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/euro-pratik-ispat-india-pvt-ltd-vs-ramesh-shetty-resolution-professional-of-the-72a4a95d

## Summary

### Background

The case involves an appeal against an order of withdrawal of a company petition. The appellant claims that the Adjudicating Authority passed the impugned order of withdrawal due to fraud, falling under Section 12(4) of the I&B Code. The appellant argues that the appeal is not maintainable.

## Facts

Euro Pratik Ispat (India) Pvt. Ltd. filed an appeal against an order of withdrawal of a company petition. The appellant contended that the Adjudicating Authority's order was influenced by fraud, specifically referencing Section 12(4) of the I&B Code. The appellant's advocate argued that the appeal against the withdrawal order is not maintainable. The core issue revolves around the alleged fraud and the appropriate forum for addressing it.

## Issues and analysis

### Issue 1: Whether the appeal against the order of withdrawal of the company petition is maintainable given …

**Ratio:** An appeal against an order of withdrawal of a company petition is not maintainable if the

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**Reasoning:** The court reasoned that if the appellant believes the order was passed due to fraud, the

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**Interpretation:** This interpretation suggests a preference for addressing the root cause of the

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**Application:** In this specific case, since Euro Pratik Ispat (India) Pvt. Ltd. claimed fraud

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## Parties

- **Judges:** Bansi Lal…; Jarat Kuma…; +1 more
- **Appellants:** Euro Pratik Ispat…
- **Respondents:** The 4Mann…; Ramesh S…

## Timeline

- **2020-07-29 — Order Da…**: Mr. Jayant Mehta, Advocate representing the Appellant submits that fraud has been played…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 12(4) — Time-limit for completion of insolvency…](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-12)

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