# In the matter of Gautami Chemicals and Pesticides Private Limited IA No. 41 of 2019 in TCP No. 20-9-AMR-TP-2019 {CP (IB) No. 271-9-HDB-2019}

> NCLT judgment dated 2019-12-16. Citation: TCN-2019-NCLT-00166. The case involves an application filed by P L Industries, an Operational Creditor, against…

- **Court:** NCLT
- **Order date:** 16 Dec 2019
- **Citation:** TCN-2019-NCLT-00166
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/gautami-chemicals-and-pesticides-private-limited-ia-no-41-of-2019-in-tcp-no-20-9-cac85a79

## Summary

### Background

The case involves an application filed by P L Industries, an Operational Creditor, against Gautami Chemicals and Pesticides Private Limited, the Corporate Debtor, under Section 9 of the Insolvency and Bankruptcy Code, 2016, seeking initiation of the Corporate Insolvency Resolution Process (CIRP) due to default in payment of an operational debt. The applicant later sought to withdraw the petition due to typographical and manual errors in the notice and nomenclature of the Applicant Firm in the Company Petition.

## Facts

P L Industries, an Operational Creditor, filed an application under Section 9 of the Insolvency and Bankruptcy Code, 2016, against Gautami Chemicals and Pesticides Private Limited, claiming a default of Rs. 4,42,183/-. The applicant sought to withdraw the petition due to typographical and manual errors in the notice and nomenclature of the Applicant Firm in the Company Petition. The Respondent did not object to the withdrawal. The application was filed under Rule 82 of the NCLT Rules, 2016, which was incorrect, as the application for withdrawal should be considered under Rule 8 of the Insolvency and Bankruptcy (Application to Adjudicating Authority) Rules, 2016.

## Issues and analysis

### Issue 1: Whether the application for withdrawal of the Company Petition filed under Section 9 of the …

**Ratio:** Rule 8 of the Insolvency and Bankruptcy (Application to Adjudicating Authority) Rules,

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**Reasoning:** The court noted that the respondent did not raise any objection to the withdrawal. The

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**Interpretation:** Rule 8 allows for the withdrawal of an application before admission, providing

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**Application:** The court applied Rule 8 to the facts of the case, where the applicant sought

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## Parties

- **Judges:** Janab Mohammed…
- **Appellants:** P L Indus…
- **Respondents:** Gautami Chemicals…

## Timeline

- **2019-12-13 — Hearing…**: Hearing held on…
- **2019-12-13 — Order Da…**: Order dated 13.12.2019…

## 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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