# In the matter of TRN Energy Pvt. Ltd. (IB)-246-ND-2021

> NCLT judgment dated 2021-05-13. Citation: TCN-2021-NCLT-02133. The case involves an application by M/s. Natraaj Transport against M/s. TRN Energy Pvt. Ltd.…

- **Court:** NCLT
- **Order date:** 13 May 2021
- **Citation:** TCN-2021-NCLT-02133
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/trn-energy-pvt-ltd-ib-246-nd-2021-d34503dc

## Summary

### Background

The case involves an application by M/s. Natraaj Transport against M/s. TRN Energy Pvt. Ltd. The applicant's claim is based on invoices, but the demand notice was sent in Form 3, whereas Rule 5 of the Adjudicating Authority Rules requires it to be sent in Form 4 if the claim is based on an invoice.

## Facts

M/s. Natraaj Transport filed an application against M/s. TRN Energy Pvt. Ltd. The claim was based on invoices. The demand notice was sent in Form 3, which is not the correct format according to Rule 5 of the Adjudicating Authority Rules when the claim is based on an invoice, which requires Form 4. The applicant sought permission to withdraw the application to file a fresh one after complying with the law.

## Issues and analysis

### Issue 1: Whether the applicant should be permitted to withdraw the present application with the liberty to …

**Ratio:** An applicant can withdraw an application with the liberty to file a fresh application if

…

**Reasoning:** The court considered the submissions of the applicant's counsel and found it appropriate

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**Interpretation:** This interpretation allows for procedural corrections and ensures that

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**Application:** The applicant, M/s. Natraaj Transport, was permitted to withdraw the

…

## Parties

- **Judges:** ABNI RANJAN KUMAR…; K.K. V…
- **Appellants:** M/s Natraaj…
- **Respondents:** M/s TRN Energy…
- **Advocates:** Devashish B…; Ravi Bh…; +1 more

## Timeline

- **2021-05-13 — Order Del…**: Order delivered on 13.05.2021…

## 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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