# In the matter of Delhi Control Devices Pvt. Ltd. (IB)-1567(PB)-2018

> NCLT judgment dated 2019-03-07. Citation: TCN-2019-NCLT-04545. The case involves an insolvency petition, CP No. (IB)-1567(PB)/2018, filed under Section 9 of…

- **Court:** NCLT
- **Order date:** 7 Mar 2019
- **Citation:** TCN-2019-NCLT-04545
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/delhi-control-devices-pvt-ltd-ib-1567pb-2018-4d168a0d

## Summary

### Background

The case involves an insolvency petition, CP No. (IB)-1567(PB)/2018, filed under Section 9 of the Insolvency and Bankruptcy Code, 2016. The application for withdrawal of the insolvency petition was initially deferred. The dues of the Interim Resolution Professional (IRP), including his fee and expenses, were not cleared as of the last date of hearing. The IRP later stated that the dues had been cleared and nothing was outstanding. The Committee of Creditors (CoC) had not been constituted.

## Facts

M/s. National Products filed an insolvency petition (CP No. (IB)-1567(PB)/2018) against M/s. Delhi Control Devices Pvt. Ltd. under Section 9 of the Insolvency and Bankruptcy Code, 2016. An application was made to withdraw the insolvency petition. Initially, the withdrawal was deferred because the dues of the Interim Resolution Professional (IRP) were not cleared. The IRP, Mr. Ashok Kumar Gupta, later stated through his counsel that the dues had been cleared and nothing was outstanding. The IRP also stated that the Committee of Creditors (CoC) had not been constituted. The court noted the Supreme Court's judgment in Civil Appeal No. 99/2019 (Swiss Ribbons Pvt. Ltd. & Anr.) regarding the withdrawal of insolvency petitions. An order dated 15.02.2019 was previously

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## Issues and analysis

### Issue 1: Whether the application for withdrawal of the insolvency petition CP No. (IB)-1567(PB)/2018 should …

**Ratio:** An insolvency petition can be withdrawn if the dues of the IRP are cleared and a

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**Reasoning:** The court considered the IRP's statement that the dues had been cleared and nothing was

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**Interpretation:** The legal issue revolves around the permissibility of withdrawing an insolvency

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**Application:** In this specific case, the IRP's dues were cleared, and a settlement was

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## Parties

- **Judges:** M. M. K…; S. K. MOH…
- **Appellants:** M/s National…
- **Respondents:** M/s. Delhi…
- **Advocates:** Manish Ma…; A. An…; +1 more

## Timeline

- **2019-01-25 — Civil Appeal No…**: Supreme Court rendered judgment in the case of Civil Appeal No. 99/2019 (Swiss Ribbons…
- **2019-02-15 — Previous…**: Order passed in…

## 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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