# In the matter of K K Anand Infrastructure Pvt. Ltd. IB-135-ND-2021

> NCLT judgment dated 2022-01-07. Citation: TCN-2022-NCLT-04498. The case involves an application (IB-135/ND/2021) before the National Company Law Tribunal…

- **Court:** NCLT
- **Order date:** 7 Jan 2022
- **Citation:** TCN-2022-NCLT-04498
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/k-k-anand-infrastructure-pvt-ltd-ib-135-nd-2021-396166fe

## Summary

### Background

The case involves an application (IB-135/ND/2021) before the National Company Law Tribunal (NCLT), New Delhi. An operational creditor sought permission to withdraw the application.

## Facts

The case pertains to Company Petition No. IB-135/ND/2021 filed before the NCLT, New Delhi. An operational creditor sought to withdraw the application. The court heard the submissions and granted permission for the withdrawal. As a result, the Company Petition was dismissed as withdrawn, and the related IA was disposed of. The applicant is KJS Concrete Pvt Ltd and the respondent is KK Anand Infrastructure Pvt Ltd.

## Issues and analysis

### Issue 1: Whether the operational creditor should be granted permission to withdraw the application …

**Ratio:** The legal principle applied here is the court's discretion to allow the withdrawal of an

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**Reasoning:** The court reasoned that considering the submissions made, the permission to withdraw the

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**Interpretation:** The interpretation involves understanding the court's power to permit

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**Application:** The ratio and reasoning were applied to the specific facts of the case, where

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## Parties

- **Judges:** ABNI RANJAN KUMAR…; AVINASH K.…
- **Appellants:** KJS Concrete Pvt…
- **Respondents:** KK Anand infrastru…

## Timeline

- **2022-01-07 — Order Del…**: The order was delivered…

## 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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