# In the matter of Anunay Fab Ltd. CP(IB) 283 of 2020

> NCLT judgment dated 2021-02-01. Citation: TCN-2021-NCLT-03180. The case pertains to CP(IB) 283 of 2020, heard before the Ahmedabad Bench of the National…

- **Court:** NCLT
- **Order date:** 1 Feb 2021
- **Citation:** TCN-2021-NCLT-03180
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/anunay-fab-ltd-cpib-283-of-2020-9c1b6e0a

## Summary

### Background

The case pertains to CP(IB) 283 of 2020, heard before the Ahmedabad Bench of the National Company Law Tribunal on February 1, 2021. The case involves Kumargaurav Baburam Jindger Proprietor of Maruti Nandan Packaging V/s Anunay Fab Ltd.

## Facts

The case CP(IB) 283 of 2020 was heard by the Ahmedabad Bench of the National Company Law Tribunal on February 1, 2021. Kumargaurav Baburam Jindger Proprietor of Maruti Nandan Packaging is the applicant, and Anunay Fab Ltd is the respondent. The Operational Creditor, represented by Mr. Aditya Pandya, sought to withdraw the matter, stating that they had instructions from their client to settle the matter. The court granted permission for the withdrawal, and the case was disposed of as withdrawn. The case is related to Section 9 of the Insolvency and Bankruptcy Code, 2016.

## Issues and analysis

### Issue 1: Whether the Operational Creditor can be granted permission to withdraw the matter based on …

**Ratio:** The legal principle applied here is the court's discretion to allow withdrawal of a case

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**Reasoning:** The court reasoned that since the Operational Creditor had instructions from their client

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**Interpretation:** This issue involves the interpretation of procedural law regarding the

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**Application:** The court applied the ratio by considering the Operational Creditor's

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## Parties

- **Judges:** Madan B.…; Virendra Kumar…
- **Appellants:** Kumargaurav…
- **Respondents:** Anunay Fa…

## Timeline

- **2021-02-01 — Hearing…**: Hearing through video conferencing before the Ahmedabad Bench of the National Company Law…
- **2021-02-01 — Order Da…**: Order issued disposing of…

## 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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