# In the matter of Aimtech Infra Limited IB-633-ND-2020

> NCLT judgment dated 2021-09-30. Citation: TCN-2021-NCLT-00941. The case involves an application before the National Company Law Tribunal (NCLT), New Delhi,…

- **Court:** NCLT
- **Order date:** 30 Sept 2021
- **Citation:** TCN-2021-NCLT-00941
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/aimtech-infra-limited-ib-633-nd-2020-1bfe53ab

## Summary

### Background

The case involves an application before the National Company Law Tribunal (NCLT), New Delhi, Court-V. The applicant, Sawarmal Tiwai, sought to withdraw the application. The respondent is Aimtech Infra Limited. The application was filed under Section 9 of the Insolvency and Bankruptcy Code (IBC).

## Facts

Sawarmal Tiwai, the applicant, filed an application against Aimtech Infra Limited, the respondent, under Section 9 of the IBC. During the hearing, the applicant's counsel sought permission to withdraw the application with the liberty to file a fresh application before the appropriate competent court or authority. The court heard the counsel and allowed the withdrawal, dismissing the Company Petition No. IB-633/ND/2020 as withdrawn. The petitioner retains the right to file a new application before the appropriate authority.

## Issues and analysis

### Issue 1: Whether the petitioner should be granted …

**Ratio:** The court has the discretion to allow the withdrawal of an application if it deems fit,

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**Reasoning:** The court considered the request of the petitioner's counsel to withdraw the application

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**Interpretation:** This reflects the court's understanding that parties should have the

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**Application:** The court applied this principle by allowing the petitioner to withdraw the

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## Parties

- **Judges:** ABNI RANJAN KUMAR…; K.K. V…
- **Appellants:** Sawarmal…
- **Respondents:** Aimtech Infra…

## Timeline

- **2021-09-30 — Order Del…**: The order was delivered, dismissing the application as withdrawn and granting liberty to…

## 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)

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