# In the matter of UTS Infratel Private Limited IA-1063(KB)-2020 & IA-261(KB)2021 in C.P. (IB)-50-KB-2019 > NCLT judgment dated 2021-04-20. Citation: TCN-2021-NCLT-02341. The case involves an application (IA 261/KB/2021) filed by the Resolution Professional (RP)… - **Court:** NCLT - **Order date:** 20 Apr 2021 - **Citation:** TCN-2021-NCLT-02341 - **Category:** IBC - **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/uts-infratel-private-limited-ia-1063kb-2020-ia-261kb2021-in-cp-ib-50-kb-2019-9a7af06a ## Summary ### Background The case involves an application (IA 261/KB/2021) filed by the Resolution Professional (RP) seeking leave to withdraw the underlying Company Petition. The Corporate Insolvency Resolution Process (CIRP) was initiated against the Corporate Debtor vide order dated 26.09.2019. A public announcement was made by the Interim Resolution Professional (IRP) on 11.10.2019, and the Committee of Creditors (CoC) was constituted on 26.12.2019. The IRP was confirmed as the RP on 04.02.2020. On 19.02.2021, at the 4th meeting of the CoC, the applicant was authorized to file an application for the withdrawal of the underlying Company Petition. The resolution was passed with 100% voting. ## Facts The CIRP was initiated against the Corporate Debtor on 2019-09-26. The IRP made a public announcement on 2019-10-11. The CoC was constituted on 2019-12-26. The IRP was confirmed as RP on 2020-02-04. The CoC authorized the RP to file an application for withdrawal of the Company Petition in its meeting on 2021-02-19, with a 100% vote in favor. The RP filed IA 261/KB/2021 seeking leave to withdraw the underlying Company Petition. The RP confirmed that all CIRP costs and fees had been paid in full and that there were no other dues by any other creditor of the company. This confirmation of full payment of dues and the unanimous decision of the CoC to withdraw the petition are key facts that influenced the Adjudicating Authority's decision. ## Issues and analysis ### Issue 1: Whether the application (IA 261/KB/2021) filed by the RP seeking leave to withdraw the underlying … **Ratio:** The Adjudicating Authority has the power to allow the withdrawal of a CIRP application if … **Reasoning:** The Adjudicating Authority considered the submissions of the RP, the unanimous decision … **Interpretation:** The interpretation of the IBC allows for the withdrawal of a CIRP application … **Application:** In this case, the RP's application was allowed because the CoC had unanimously … ## Parties - **Judges:** Rajasekha…; Harish Chander… - **Respondents:** ACTION CONSTRUCTIO…; UTS INFRATEL… ## Timeline - **2019-09-26 — CIRP Init…**: CIRP initiated against… - **2019-10-11 — Public Annou…**: Public announcement… --- This is a preview. The full structured summary, issues, precedents and source judgment are available on CaseEase - Legal Intelligence Simplified: https://caseease.in/cases/ibc/nclt-chandigarh/uts-infratel-private-limited-ia-1063kb-2020-ia-261kb2021-in-cp-ib-50-kb-2019-9a7af06a