# In the matter of D C M Limited IA No. 3424-ND-2021 in (IB)-1092-ND-2020

> NCLT judgment dated 2021-08-09. Citation: TCN-2021-NCLT-01399. An application was filed by the Operational Creditor to withdraw IB-1092/ND/2020 under Section…

- **Court:** NCLT
- **Order date:** 9 Aug 2021
- **Citation:** TCN-2021-NCLT-01399
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/d-c-m-limited-ia-no-3424-nd-2021-in-ib-1092-nd-2020-63c2e84e

## Summary

### Background

An application was filed by the Operational Creditor to withdraw IB-1092/ND/2020 under Section 9 of the Insolvency & Bankruptcy Code, 2016 against the Corporate Debtor. The Learned Counsel for the Operational Creditor stated that they seek to withdraw the main IB application.

## Facts

An operational creditor filed an application to withdraw IB-1092/ND/2020 under Section 9 of the Insolvency & Bankruptcy Code, 2016, against the corporate debtor. The Learned Counsel for the Operational Creditor stated that they seek to withdraw the main IB application. The counsel stated that he has been instructed to apply for withdrawal of IB-1092/ND/2020. The relevance of these facts is that the court considered the request for withdrawal of the insolvency application.

## Issues and analysis

### Issue 1: Whether the application for withdrawal …

**Ratio:** The court has the discretion to allow the withdrawal of an application under Section 9 of

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**Reasoning:** The court considered the statement of the Learned Counsel for the Operational Creditor,

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**Interpretation:** The legal issue revolves around the interpretation of the court's power to

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**Application:** Based on the facts presented and the submissions of the Learned Counsel, the

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## Parties

- **Judges:** DEEPTI M…; SUMITA PURK…; +1 more
- **Appellants:** Pradeep…
- **Respondents:** DCM L…
- **Advocates:** Sanyam…

## Timeline

- **2021-08-09 — Order del…**: Order delivered on 09.08.2021 regarding…

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