# In the matter of M.P.L. Cars Pvt. Ltd. MA-945-2019 in CP-885-IB-2018

> NCLT judgment dated 2019-09-06. Citation: TCN-2019-NCLT-01528. The case involves a withdrawal application filed by the Operational Creditor counsel after…

- **Court:** NCLT
- **Order date:** 6 Sept 2019
- **Citation:** TCN-2019-NCLT-01528
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/mpl-cars-pvt-ltd-ma-945-2019-in-cp-885-ib-2018-a6c83f56

## Summary

### Background

The case involves a withdrawal application filed by the Operational Creditor counsel after CP/885/IB/2018 was admitted on 2019-08-08. The withdrawal was sought before the constitution of the Committee of Creditors (CoC) because the claim sought by the Applicant was resolved.

## Facts

CP/885/IB/2018 was admitted on 2019-08-08. The Operational Creditor filed a withdrawal application. The claim sought by the Applicant was resolved. The withdrawal application was filed before the constitution of the CoC. The court dismissed CP/885/IB/2018 as withdrawn. The Operational Creditor and the Corporate Debtor were directed to pay the remuneration of the IRP.

## Issues and analysis

### Issue 1: Whether the withdrawal application filed by the …

**Ratio:** A withdrawal application can be allowed if the underlying claim has been resolved,

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**Reasoning:** The court reasoned that since the claim was resolved before the CoC was formed, allowing

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**Interpretation:** This interprets the Insolvency and Bankruptcy Code (IBC) to allow for

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**Application:** In this case, the court applied the ratio by allowing the withdrawal

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## Parties

- **Judges:** B.S.V. Prakash…; S. VIJAYARA…
- **Respondents:** M P L CARS…

## Timeline

- **2018-01-01 — CP/885/IB/201…**: CP/885/IB/2018 was…
- **2019-08-08 — Admission of CP/885/IB/2…**: CP/885/IB/2018 was…

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