# In the matter of Sipani Online Private Limited C.P(IB) No. 214-B-2018

> NCLT judgment dated 2020-06-17. Citation: TCN-2020-NCLT-01156. The case involves a Corporate Insolvency Resolution Process (CIRP) initiated by Datamatics…

- **Court:** NCLT
- **Order date:** 17 Jun 2020
- **Citation:** TCN-2020-NCLT-01156
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/sipani-online-private-limited-cpib-no-214-b-2018-4e730835

## Summary

### Background

The case involves a Corporate Insolvency Resolution Process (CIRP) initiated by Datamatics Digital Limited against Sipani Online Private Limited under Section 9 of the IBC, 2016. The CIRP was initially admitted by the Adjudicating Authority on 2019-07-18. Subsequently, the Petitioner/Operational Creditor filed I.A No. 400 of 2019 seeking to withdraw the main CP and set aside the CIRP proceedings. This IA was disposed of as withdrawn on 2019-09-05, granting liberty to the Party to file a fresh Application in accordance with law.

## Facts

Datamatics Digital Limited initiated CIRP against Sipani Online Private Limited under Section 9 of the IBC, 2016. The Adjudicating Authority admitted the CIRP on 2019-07-18. Later, Datamatics Digital Limited sought to withdraw the CIRP via I.A No. 400 of 2019, which was allowed on 2019-09-05. Aggrieved by the initial order, Datamatics Digital Limited filed a Company Appeal (AT) (Insolvency) No. 1211 of 2019 before the NCLAT. The NCLAT disposed of the appeal on 2020-03-16, setting aside the admission order and declaring the CP as withdrawn. The applicant filed a memo of withdrawal on 2020-06-11, stating compliance with the NCLAT directions, including settlement of fees. The key fact is the NCLAT order which led to the dismissal of the CIRP.

## Issues and analysis

### Issue 1: Whether the C.P (IB) No.214/BB/2018 should be dismissed as withdrawn in light of the NCLAT order …

**Ratio:** When an appellate tribunal sets aside an order admitting a CIRP and declares the company

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**Reasoning:** The court reasoned that the NCLAT had already set aside the admission order and declared

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**Interpretation:** This interprets the appellate tribunal's order as binding on the adjudicating

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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:** Rajeswara Rao…; Ashutosh C…
- **Appellants:** M/s. Datamatics…
- **Respondents:** Sipani Online…; M/s Sipani Online…

## Timeline

- **2018-01-01 — Filing of C.P.(IB)No.214…**: M/s. Datamatics Digital Limited filed C.P.(IB)No.214/BB/2018 under Section 9 of the IBC,…
- **2019-07-18 — Admission o…**: The Adjudicating Authority admitted the CIRP in respect of Corporate Debtor, Sipani…

## 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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