# In the matter of Sunshine Caterers Pvt. Ltd. MA 1105-2019 in C.P.(IB) -1684-NCLT-(MB)-MAH-2018

> NCLT judgment dated 2019-07-08. Citation: TCN-2019-NCLT-02644. The case involves an application submitted on 2019-03-19 by the Resolution Professional seeking…

- **Court:** NCLT
- **Order date:** 8 Jul 2019
- **Citation:** TCN-2019-NCLT-02644
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/sunshine-caterers-pvt-ltd-ma-1105-2019-in-cpib-1684-nclt-mb-mah-2018-183c3d07

## Summary

### Background

The case involves an application submitted on 2019-03-19 by the Resolution Professional seeking an order under Section 12A of the Insolvency Code. A petition under Section 7 of the IB Code was admitted on 2018-11-02 for a debt of Rs. 2,62,00,000, and Mr. Shailesh B. Desai was appointed as Interim Resolution Professional, later confirmed as Resolution Professional. The Committee of Creditors (CoC) approved the withdrawal of the petition, and Sunshine Caterers (Corporate Debtor) had appealed to NCLAT, which was decided as withdrawn on 2019-02-28.

## Facts

On 2019-03-19, the Resolution Professional applied for an order under Section 12A of the Insolvency Code. Previously, on 2018-11-02, a petition under Section 7 of the IB Code was admitted concerning a debt of Rs. 2,62,00,000, and Mr. Shailesh B. Desai was appointed as the Resolution Professional. The Committee of Creditors approved the withdrawal of the petition, documented in Form 'A' dated 2019-03-08. Sunshine Caterers (Corporate Debtor) had appealed to NCLAT, which was decided as 'withdrawn' on 2019-02-28. The members of the Committee of Creditors consented to close the Corporate Insolvency Resolution Process, considering Regulation 30A of the Corporate Insolvency Resolution Process Regulations. Each creditor individually settled their respective debt with the

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## Issues and analysis

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

**Ratio:** Section 12A of the Insolvency and Bankruptcy Code, 2016 allows for the withdrawal of an

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**Reasoning:** The court considered that the Committee of Creditors had approved the withdrawal of the

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**Interpretation:** Section 12A provides a mechanism for withdrawing an insolvency application if

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**Application:** The court applied Section 12A and Regulation 30A to the facts, noting the CoC's

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## Parties

- **Judges:** M.K. Sh…
- **Appellants:** Redref Finance &…
- **Respondents:** Sunshine Ca…; Sunshine Caterers…

## Timeline

- **2018-11-02 — Petition Ad…**: A petition under Section 7 of the IB Code was…
- **2019-02-28 — NCLAT Appeal W…**: The appeal filed by Sunshine Caterers…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 12A — (1) Subject to sub](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-12a)

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