# In the matter of Hajee A. P. Bava & Co. Constructions Pvt. Ltd. C.P.(IB) No. 402-BB-2019

> NCLT judgment dated 2020-02-14. Citation: TCN-2020-NCLT-01940. M/s. Starlog Enterprises Limited, the Operational Creditor, filed C.P.(IB)No.402/BB/2019 under…

- **Court:** NCLT
- **Order date:** 14 Feb 2020
- **Citation:** TCN-2020-NCLT-01940
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/hajee-a-p-bava-co-constructions-pvt-ltd-cpib-no-402-bb-2019-c81572b9

## Summary

### Background

M/s. Starlog Enterprises Limited, the Operational Creditor, filed C.P.(IB)No.402/BB/2019 under Section 9 of the IBC, 2016, seeking to initiate Corporate Insolvency Resolution Process (CIRP) against M/s. Hajee A.P. Bava & Co. Constructions Private Limited, the Corporate Debtor, due to a default of Rs. 21,53,879/-. The case was listed for admission on multiple dates and adjourned at the parties' requests, with attempts made to settle the issue.

## Facts

M/s. Starlog Enterprises Limited (Operational Creditor) filed C.P.(IB)No.402/BB/2019 under Section 9 of the IBC, 2016, against M/s. Hajee A.P. Bava & Co. Constructions Private Limited (Corporate Debtor) due to a default of Rs. 21,53,879/-. The case was listed for admission on various dates between 09.12.2019 and 14.02.2020. During this period, the parties explored settlement possibilities. A Settlement Agreement was executed on 29.01.2020, outlining a payment schedule with six installments payable between February 13, 2020, and June 30, 2020. The Petitioner sought to withdraw the petition based on this settlement, and the Respondent affirmed the settlement's binding nature. The relevance of the facts is that the settlement agreement was the basis for the withdrawal

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## Issues and analysis

### Issue 1: Whether the Petitioner should be allowed to withdraw the Company Petition in light of the …

**Ratio:** The Adjudicating Authority has the discretion to allow the withdrawal of a Company

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**Reasoning:** The court reasoned that since the Company Petition had not yet been admitted and the

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**Interpretation:** This legal issue concerns the interpretation of the Adjudicating Authority's

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**Application:** In this case, the ratio and reasoning were applied to the specific facts where

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## Parties

- **Judges:** Rajeswara Rao…; Ashutosh C…
- **Appellants:** M/s Starlog…
- **Respondents:** M/s Hajee…

## Timeline

- **2019-12-09 — Case Listed for…**: The case was initially…
- **2019-12-19 — Case Listed for…**: The case was listed for…

## 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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