# In the matter of Anwesha Engineering & Projects Ltd. C.P (IB) No, 475-9-NCLT-AHM-2019

> NCLT judgment dated 2020-10-21. Citation: TCN-2020-NCLT-00355. The case pertains to C.P. (I.B) No. 475/9/NCLT/AHM/2019 before the Ahmedabad Bench of the…

- **Court:** NCLT
- **Order date:** 21 Oct 2020
- **Citation:** TCN-2020-NCLT-00355
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/anwesha-engineering-projects-ltd-cp-ib-no-475-9-nclt-ahm-2019-67054d4f

## Summary

### Background

The case pertains to C.P. (I.B) No. 475/9/NCLT/AHM/2019 before the Ahmedabad Bench of the National Company Law Tribunal. The hearing was conducted through video conferencing on October 21, 2020. A D Reddy filed a case against Anwesha Engineering & Projects Ltd under Section 9 of the Insolvency and Bankruptcy Code.

## Facts

A D Reddy filed a case against Anwesha Engineering & Projects Ltd under Section 9 of the Insolvency and Bankruptcy Code. The case was heard by the Ahmedabad Bench of the National Company Law Tribunal on October 21, 2020, via video conferencing. The Operational Creditor, represented by Mr. Vinit Nagar, submitted to the court that the matter had been settled. The Operational Creditor sought permission to withdraw the case, which was granted by the court. The relevance of the settlement lies in its resolution of the dispute outside of the formal insolvency proceedings, leading to the case's disposal.

## Issues and analysis

### Issue 1: Whether the Operational Creditor should be granted permission to withdraw the application under …

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

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**Reasoning:** The court accepted the submission of the Operational Creditor's counsel that the matter

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**Interpretation:** This reflects the court's willingness to facilitate settlements between

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**Application:** In this specific case, the Operational Creditor submitted that the matter was

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## Parties

- **Judges:** Madan B.…; Virendra Kumar…
- **Appellants:** A D R…
- **Respondents:** Anwesha Engineerin…

## Timeline

- **2020-10-21 — Hearing…**: Hearing conducted through video conferencing before the Ahmedabad Bench of the National…
- **2020-10-21 — Order Da…**: Order issued granting permission to withdraw the application and disposing of CP(IB) 475…

## 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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