# In the matter of AL Ameen Green Energy Pvt. Ltd. IA(IBC)-981(CHE)2022 in CP(IB)-449(CHE)2020

> NCLT judgment dated 2022-09-15. Citation: TCN-2022-NCLT-01065. The case involves an application IA(IBC)/981(CHE)/2022 in CP(IB)/449(CHE)/2020 before the…

- **Court:** NCLT
- **Order date:** 15 Sept 2022
- **Citation:** TCN-2022-NCLT-01065
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/al-ameen-green-energy-pvt-ltd-iaibc-981che2022-in-cpib-449che2020-f6dc241a

## Summary

### Background

The case involves an application IA(IBC)/981(CHE)/2022 in CP(IB)/449(CHE)/2020 before the Chennai National Company Law Tribunal. The application was filed under Section 12A of the IBC, 2016, by the IRP of M/s. AL Ameen Green Energy Pvt. Ltd. seeking withdrawal of the corporate insolvency resolution process. The minutes of the meeting considering the withdrawal are placed at pages 27 & 28 of the application, and Form-FA is placed at pages 18 & 19.

## Facts

M/s Al Ameen Green Energy Pvt Ltd was undergoing Corporate Insolvency Resolution Process (CIRP). S.Vaidyanathan was the Interim Resolution Professional (IRP). An application, IA(IBC)/981(CHE)/2022 in CP(IB)/449(CHE)/2020, was filed under Section 12A of the Insolvency and Bankruptcy Code (IBC), 2016, seeking withdrawal of the CIRP. The IRP stated that all dues had been received. The minutes of the meeting considering the withdrawal were placed on record, along with Form-FA. The application was filed by the IRP of M/s. AL Ameen Green Energy Pvt. Ltd.

## Issues and analysis

### Issue 1: Whether the application for withdrawal of the Corporate Insolvency Resolution Process (CIRP) under …

**Ratio:** Section 12A of the IBC, 2016, allows for the withdrawal of an application admitted under

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**Reasoning:** The court considered the IRP's submission that all dues had been received and the

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**Interpretation:** Section 12A provides a mechanism for the withdrawal of CIRP if certain

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**Application:** In this case, the IRP confirmed the receipt of all dues, and the court found no

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## Parties

- **Judges:** Ramalingam…; Shri. Samee…
- **Appellants:** S.Vaidyanathan…
- **Respondents:** M/s Al Ameen…; M/s ABB Ind…

## Timeline

- **2022-09-15 — Hearing…**: Hearing of Chennai Bench, Chennai National Company Law Tribunal held on 15-09-2022 at…

## 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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