# In the matter of Aprajita Engicon Pvt. Ltd. IB-2015-ND-2019

> NCLT judgment dated 2020-01-27. Citation: TCN-2020-NCLT-02181. The case involves M/s SKG Pneumatics Inc as the applicant and Aparajita Engicon as the…

- **Court:** NCLT
- **Order date:** 27 Jan 2020
- **Citation:** TCN-2020-NCLT-02181
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/aprajita-engicon-pvt-ltd-ib-2015-nd-2019-3c8fec5a

## Summary

### Background

The case involves M/s SKG Pneumatics Inc as the applicant and Aparajita Engicon as the respondent. The application was filed under Section 9 of the IBC, 2016. The IRP filed an affidavit stating that no claim has been received in response to the publication, and the CoC has not been constituted.

## Facts

M/s SKG Pneumatics Inc filed an application under Section 9 of the IBC, 2016, against Aparajita Engicon. The Interim Resolution Professional (IRP) filed an affidavit stating that no claims were received in response to the public announcement, and the Committee of Creditors (CoC) was not constituted. The IRP sought to withdraw the application based on a settlement between the parties. The court noted the settlement and the IRP's request for withdrawal.

## Issues and analysis

### Issue 1: Whether the IRP can be permitted to withdraw the application under Section 9 of the IBC, 2016, …

**Ratio:** Section 12(A) of the IBC allows for withdrawal of an application admitted under Section 9

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**Reasoning:** The court reasoned that since a settlement had been reached between the parties, and the

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**Interpretation:** Section 12(A) of the IBC is interpreted to allow for withdrawal of applications

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**Application:** In this case, the settlement between M/s SKG Pneumatics Inc and Aparajita

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## Parties

- **Judges:** ABNI RANJAN KUMAR…; K.K. V…
- **Appellants:** M/s SKG Pneumatics…
- **Respondents:** Aparajita E…

## Timeline

- **2020-01-21 — Earlier…**: Earlier order mentioned…
- **2020-01-27 — Order Del…**: Order delivered by the NCLT, permitting…

## 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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