# In the matter of Anrak Aluminum Limited IA No.194 of 2020 in TCP (IB) No. 02-9-AMR-2017 in CP (IB) No. 147-9-HDB-2019

> NCLT judgment dated 2021-08-06. Citation: TCN-2021-NCLT-01421. The case involves TCP (IB) No. 02/9/AMR/2019 in CP(IB) No. 147/9/HDB/2019 before the National…

- **Court:** NCLT
- **Order date:** 6 Aug 2021
- **Citation:** TCN-2021-NCLT-01421
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/anrak-aluminum-limited-ia-no194-of-2020-in-tcp-ib-no-02-9-amr-2017-in-cp-ib-no-1-0159fb17

## Summary

### Background

The case involves TCP (IB) No. 02/9/AMR/2019 in CP(IB) No. 147/9/HDB/2019 before the National Company Law Tribunal (NCLT), Amaravati Bench. The petition was filed under Section 9 of the IBC Code, 2016, read with Rule 6 of the Insolvency and Bankruptcy (Application to Adjudicating Authority) Rules, 2016, by Enexio Power Cooling Solutions India Private Limited (Operational Creditor) against Anrak Aluminum Limited (Corporate Debtor).

## Facts

Enexio Power Cooling Solutions India Private Limited, the Operational Creditor, initiated proceedings against Anrak Aluminum Limited, the Corporate Debtor, under Section 9 of the IBC Code, 2016. The case was registered as TCP (IB) No. 02/9/AMR/2019 in CP(IB) No. 147/9/HDB/2019 before the NCLT Amaravati Bench. Subsequently, both parties filed a joint memo expressing their intention to withdraw the case. The court acknowledged the joint memo and dismissed the TCP (IB) and CP(IB) as withdrawn. The withdrawal of the main petition also resulted in the closure of I.A.No.194/2020.

## Issues and analysis

### Issue 1: Whether the TCP (IB) No. 02/9/AMR/2019 in CP(IB) No. 147/9/HDB/2019 can be dismissed as withdrawn …

**Ratio:** The legal principle applied here is the acceptance of a joint request for withdrawal by

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**Reasoning:** The court reasoned that since both the Operational Creditor and the Corporate Debtor had

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**Interpretation:** This interpretation aligns with the principle of party autonomy in legal

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**Application:** In this specific case, the court applied the principle by acknowledging the

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## Parties

- **Judges:** Bhaskara Pantula…
- **Appellants:** Enexio Power…
- **Respondents:** Anrak Aluminum…; Anrak Alumi…
- **Advocates:** Mr.Y.Suryan…; Mr.G.Bh…

## Timeline

- **2021-08-06 — Hearing…**: Hearing held on 06.08.2021 at 10:30 AM where the…
- **2019-01-01 — CP(IB) F…**: CP(IB) NO. 147/9/HDB/201…

## 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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