# In the matter of Zedx Hospitality Pvt. Ltd. IB-3489-ND-2019

> NCLT judgment dated 2021-09-27. Citation: TCN-2021-NCLT-00991. The case pertains to an application under Section 12A of the IB Code for withdrawal of an…

- **Court:** NCLT
- **Order date:** 27 Sept 2021
- **Citation:** TCN-2021-NCLT-00991
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/zedx-hospitality-pvt-ltd-ib-3489-nd-2019-4e5b1d17

## Summary

### Background

The case pertains to an application under Section 12A of the IB Code for withdrawal of an application. The application, IB No. 3489 of 2019, was initially filed under Section 9 of the IB Code 2016.

## Facts

M/s. Himalayan Ales Pvt. Ltd. filed an application (IB No. 3489/ND/2019) under Section 9 of the Insolvency and Bankruptcy Code (IBC) against M/s. Zedx Hospitality Pvt. Ltd. Subsequently, an application under Section 12A of the IB Code was filed to withdraw the initial application. The court heard the submissions of the operational creditor's counsel and reviewed the application's contents. The initial application under Section 9 was dismissed as withdrawn, and the application for withdrawal was allowed.

## Issues and analysis

### Issue 1: Whether the application for withdrawal under …

**Ratio:** Section 12A of the IB Code allows for the withdrawal of an application admitted under

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**Reasoning:** The court considered the application for withdrawal, the affidavit in support, and the

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**Interpretation:** Section 12A provides a mechanism for parties to resolve disputes outside the

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**Application:** The court applied Section 12A to the facts of the case, where the operational

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## Parties

- **Judges:** P.S.N. P…; BINOD K.…
- **Appellants:** M/s. Himalayan…
- **Respondents:** M/s. Zedx…

## Timeline

- **2021-09-27 — Order Del…**: Order delivered on the application for…

## 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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