# In the matter of Adhunik Metallks Ltd.  IA No.-CTB-2020, connected with T.P. No. 44-CTB-2019

> NCLT judgment dated 2020-06-24. Citation: TCN-2020-NCLT-01130. Adhunik Metaliks Ltd., the successful Resolution Applicant of the Corporate Debtor, filed an…

- **Court:** NCLT
- **Order date:** 24 Jun 2020
- **Citation:** TCN-2020-NCLT-01130
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/adhunik-metallks-ltd-ia-no-ctb-2020-connected-with-tp-no-44-ctb-2019-a257c513

## Summary

### Background

Adhunik Metaliks Ltd., the successful Resolution Applicant of the Corporate Debtor, filed an un-numbered application against Western Electricity Supply Company of Odisha Ltd. (WESCO) and other respondents, praying for issuing directions to restore the electricity connection to the former position. This application arose out of a previous order dated 13/05/2020, which directed the restoration of electricity. The applicant alleged non-compliance with the previous order.

## Facts

Adhunik Metaliks Ltd., as the successful resolution applicant for the corporate debtor, sought the restoration of its electricity connection. An earlier order on 13/05/2020 had directed Western Electricity Supply Company of Odisha Ltd. (WESCO) to restore the connection. Adhunik Metaliks filed a new application alleging non-compliance with the previous order. WESCO claimed it had already taken steps to restore one connection and required inspection reports from the applicant for the second connection. The applicant then sought to withdraw the application, stating that WESCO had initiated steps to restore the electricity after receiving notice of the new application. The relevance of these facts lies in the ongoing dispute over electricity restoration and the applicant's

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## Issues and analysis

### Issue 1: Whether the applicant should be allowed to withdraw the application seeking restoration of …

**Ratio:** A party is generally allowed to withdraw an application if they believe the issue has

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**Reasoning:** The court noted that the applicant sought to withdraw the application because the

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**Interpretation:** This legal issue involves the interpretation of procedural rules regarding the

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**Application:** The ratio was applied to the specific facts by allowing Adhunik Metaliks Ltd.

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## Parties

- **Judges:** Jinan…
- **Respondents:** Adhunik Metaliks…; Western Electricit…

## Timeline

- **2020-05-13 — Previous…**: The Adjudicating Authority passed an order allowing the application for issuing…
- **2020-06-24 — Hearing…**: Date of hearing where the application for…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 60(5) — Adjudicating Authority for corporate persons](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-60)

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