# In the matter of SPML Infra Ltd. IB-1105-ND-2019

> NCLT judgment dated 2019-09-12. Citation: TCN-2019-NCLT-01496. The case involves an application under Section 9 of the Insolvency and Bankruptcy Code (IBC)…

- **Court:** NCLT
- **Order date:** 12 Sept 2019
- **Citation:** TCN-2019-NCLT-01496
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/spml-infra-ltd-ib-1105-nd-2019-82cd4fd1

## Summary

### Background

The case involves an application under Section 9 of the Insolvency and Bankruptcy Code (IBC) filed by Mr. Probir Kumar Roy Chaudhary against M/s. SPML Infra Ltd. The corporate debtor moved a joint application stating that the operational creditor acknowledges the receipt of dues towards full and final settlement.

## Facts

Mr. Probir Kumar Roy Chaudhary filed an application against M/s. SPML Infra Ltd. under Section 9 of the IBC. The corporate debtor and operational creditor reached a settlement where the operational creditor acknowledged receiving full and final payment. The corporate debtor agreed to pay the IRP's costs and expenses. The IRP consented to the withdrawal. This settlement led to the corporate debtor moving a joint application for withdrawal of the matter. The relevance of these facts lies in demonstrating that the dispute was resolved outside of the formal insolvency process, leading to the dismissal of the case.

## Issues and analysis

### Issue 1: Whether the application filed under Section 9 of the IBC can be withdrawn based on the settlement …

**Ratio:** An application under Section 9 of the IBC can be withdrawn if the operational creditor

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**Reasoning:** The court reasoned that since the operational creditor acknowledged the receipt of dues

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**Interpretation:** This interpretation allows for the resolution of disputes outside the formal

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**Application:** In this case, the operational creditor acknowledged receiving full and final

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## Parties

- **Judges:** SHRI. P.S.N.…; V.K. SUB…
- **Appellants:** Probir Kumar Roy…
- **Respondents:** M/S SPML INFRA…

## Timeline

- **2019-09-12 — Order Del…**: Order delivered on the…

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