# In the matter of G.K Dairy And Milk Products Pvt. Ltd. IA-2352-ND-2021 in IB- 441-ND-2020

> NCLT judgment dated 2021-05-31. Citation: TCN-2021-NCLT-02084. The case involves an application (IA-2352/ND/2021) filed by the erstwhile Interim Resolution…

- **Court:** NCLT
- **Order date:** 31 May 2021
- **Citation:** TCN-2021-NCLT-02084
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/gk-dairy-and-milk-products-pvt-ltd-ia-2352-nd-2021-in-ib-441-nd-2020-662876e8

## Summary

### Background

The case involves an application (IA-2352/ND/2021) filed by the erstwhile Interim Resolution Professional (IRP) seeking direction from the National Company Law Tribunal (NCLT) regarding whether to proceed with the Corporate Insolvency Resolution Process (CIRP). This application was based on an email received from the Court Officer dated 19.05.2021. The initial IB application (IB-1601/ND/2019) was allowed to be withdrawn and disposed of as per the order dated 18.05.2021.

## Facts

Anil Kumar filed an application against G.K Dairy and Milk Products Pvt. Ltd. An erstwhile IRP filed IA-2352/ND/2021 seeking direction from the Court whether to proceed in CIRP or not, based on an e-mail received from the Court Officer dated 19.05.2021. The initial IB application, IB-1601/ND/2019, was allowed to be withdrawn and disposed of as per the order dated 18.05.2021. The court inferred that the IRP was discharged from the date of the order allowing the withdrawal of the IB application.

## Issues and analysis

### Issue 1: Whether the IRP's application for direction to proceed with CIRP is maintainable after the initial …

**Ratio:** When an IB application is allowed to be withdrawn, it implies that the IRP is discharged

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**Reasoning:** The court reasoned that the withdrawal of the IB application effectively terminates the

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**Interpretation:** The interpretation is that the withdrawal of an IB application has the effect

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**Application:** In this case, since IB-1601/ND/2019 was allowed to be withdrawn on 18.05.2021,

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## Parties

- **Judges:** DEEPTI M…; SUMITAPURKA…
- **Appellants:** Anil K…
- **Respondents:** G.K Dairy and…

## Timeline

- **2021-05-18 — Withdrawal of IB…**: IB application IB-1601/ND/2019 was…
- **2021-05-19 — Email from Cour…**: E-mail received from the Court Officer,…

## 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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