# In the matter of Dalmia Polymers LLP IA-2618 & 2622-ND-2021 in (IB)-3393-ND-2019

> NCLT judgment dated 2021-07-01. Citation: TCN-2021-NCLT-01887. The document pertains to two applications, IA-2622/ND/2021 and IA-2618/ND/2021, filed before…

- **Court:** NCLT
- **Order date:** 1 Jul 2021
- **Citation:** TCN-2021-NCLT-01887
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/dalmia-polymers-llp-ia-2618-2622-nd-2021-in-ib-3393-nd-2019-a2c6e087

## Summary

### Background

The document pertains to two applications, IA-2622/ND/2021 and IA-2618/ND/2021, filed before the National Company Law Tribunal (NCLT), New Delhi. IA-2622/ND/2021 is Form-2 filed by the Interim Resolution Professional (IRP) in pursuance of the order initiating Corporate Insolvency Resolution Process (CIRP). IA-2618/ND/2021 is an application filed by the IRP under Section 12A seeking withdrawal of insolvency application filed by the Financial Creditor.

## Facts

Huangyan Zhedong Rubber Auxiliary Imo./Exp.Co.Ltd. was undergoing Corporate Insolvency Resolution Process (CIRP). The Interim Resolution Professional (IRP) filed Form-2 in pursuance of the order initiating CIRP. The IRP also filed an application under Section 12A seeking withdrawal of the insolvency application, with the consent of the applicant in Form-FA. A settlement deed was executed on 2021-06-12. The counsel stated that all IRP fees and expenses were paid. The CIRP was initiated against the Corporate Debtor, Huangyan Zhedong Rubber Auxiliary Imo./Exp.Co.Ltd., based on an application IB-3393/ND/2019.

## Issues and analysis

### Issue 1: Whether the Form-2 filed by the …

**Ratio:** The court has the power to take documents on

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**Reasoning:** The court considered the Form-2 filed by the IRP and decided to take it on record with

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**Interpretation:** Form-2 is a document filed by the IRP in pursuance of the order initiating

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**Application:** The court's decision to take Form-2 on record acknowledges the IRP's compliance

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## Parties

- **Judges:** DEEPTI M…; SUMITA PURK…; +1 more
- **Respondents:** Huangyan Zhedong…; Dalmia Polymers…

## Timeline

- **2021-06-03 — CIRP Init…**: Bench passed the order…
- **2021-06-12 — Settlement Deed…**: Settlement deed…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 12A — (1) Subject to sub](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-12a)

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