# In the matter of AL-Tabarak Frozen Foods Pvt. Ltd. IA-4699-2021 in IB-1009-ND-2020

> NCLT judgment dated 2021-10-20. Citation: TCN-2021-NCLT-00725. The applicant/IRP filed an application to withdraw the Company Petition IB/1009/ND/2020. The…

- **Court:** NCLT
- **Order date:** 20 Oct 2021
- **Citation:** TCN-2021-NCLT-00725
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/al-tabarak-frozen-foods-pvt-ltd-ia-4699-2021-in-ib-1009-nd-2020-eae54269

## Summary

### Background

The applicant/IRP filed an application to withdraw the Company Petition IB/1009/ND/2020. The Ld. Counsel for the IRP appeared in person and the court perused the averments made in the application.

## Facts

M/S Supreme Packaging Industries filed an application against M/S AL- Tabarak Frozen Foods Pvt. Ltd. under Section 9 of the IBC. The IRP filed an application to withdraw the Company Petition IB/1009/ND/2020, stating that the matter has been settled between the Operational Creditor and the Corporate Debtor. The IRP also confirmed that he has received Form FA, no claims were received from the public announcement, and he has received his fees and expenses. The CoC has not been constituted. The court permitted the withdrawal and dismissed the petition.

## Issues and analysis

### Issue 1: Whether the applicant/IRP can withdraw the Company Petition IB/1009/ND/2020 based on the settlement …

**Ratio:** The court has the discretion to allow the withdrawal of an application under the IBC if

…

**Reasoning:** The court considered the submissions that the matter is settled between the Operational

…

**Interpretation:** This case interprets the provisions of the IBC related to the withdrawal of

…

**Application:** The ratio and reasoning were applied to the specific facts of the case, where

…

## Parties

- **Judges:** ABNI RANJAN KUMAR…; AVINASH K.…
- **Appellants:** M/s Supreme…
- **Respondents:** M/S AL- Tabarak…

## Timeline

- **2021-10-20 — Order Del…**: Order delivered on the application for…

## 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/nclt-chandigarh/al-tabarak-frozen-foods-pvt-ltd-ia-4699-2021-in-ib-1009-nd-2020-eae54269