# In the matter of JKR Techno Engineering Pvt. Ltd. IA-4667-ND-2021 in (IB)-2722(ND)2019

> NCLT judgment dated 2021-10-14. Citation: TCN-2021-NCLT-00737. The case involves an application filed by the Interim Resolution Professional (IRP) under…

- **Court:** NCLT
- **Order date:** 14 Oct 2021
- **Citation:** TCN-2021-NCLT-00737
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/jkr-techno-engineering-pvt-ltd-ia-4667-nd-2021-in-ib-2722nd2019-85e388ee

## Summary

### Background

The case involves an application filed by the Interim Resolution Professional (IRP) under Section 12A of the Insolvency and Bankruptcy Code (IBC) seeking withdrawal of the main insolvency application. The applicant's counsel states that Form 'FA,' representing the applicant's consent, is annexed, and all IRP dues, including CIRP costs and fees, have been paid.

## Facts

The Interim Resolution Professional (IRP) filed an application (IA No. 4667/ND/2021) under Section 12A of the Insolvency and Bankruptcy Code (IBC) seeking to withdraw the main insolvency application. The applicant's counsel stated that Form 'FA,' indicating the applicant's consent for withdrawal, was annexed to the application. Furthermore, the IRP dues, including the Corporate Insolvency Resolution Process (CIRP) costs and fees, have been fully paid. The court noted that nothing was due. This case is related to IB-2722/ND/2019.

## Issues and analysis

### Issue 1: Whether the application for withdrawal of the insolvency application under Section 12A of the IBC …

**Ratio:** Section 12A of the IBC allows for the withdrawal of an application admitted under Section

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**Reasoning:** The court reasoned that since the applicant had provided their consent for withdrawal via

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**Interpretation:** Section 12A is interpreted to provide a mechanism for settling disputes and

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**Application:** In this case, the court applied the ratio of Section 12A to the facts

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## Parties

- **Judges:** DEEPTI M…; K.K. V…
- **Appellants:** Gayatri Tandon…
- **Respondents:** M/s JKR Techno…

## Timeline

- **2021-10-14 — Order Del…**: Order delivered on 14.10.2021 regarding the…

## 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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