# In the matter of Anindya Infratech Pvt. Ltd.

> NCLT judgment dated 2023-12-20. Citation: TCN-2023-NCLT-00116. The case involves an application for withdrawal of the main petition filed under Section 9 of…

- **Court:** NCLT
- **Order date:** 20 Dec 2023
- **Citation:** TCN-2023-NCLT-00116
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/anindya-infratech-pvt-ltd-d799ccff

## Summary

### Background

The case involves an application for withdrawal of the main petition filed under Section 9 of the Insolvency and Bankruptcy Code (IBC). The Resolution Professional (RP) filed the application based on Form FA, purportedly dated November 11, 2022, submitted in compliance with Regulation 30A of the Regulation 2016. Another prayer was made to direct the Operational Creditor/Suspended Directors to pay the fees and expenses of the RP. An earlier IA No. 1 of 2023, moved by the Corporate Debtor, was disposed of with directions to the RP to file the application in accordance with Regulation 30A after a CoC meeting. The RP collected Form FA dated November 11, 2022, and moved the present application in June 2023.

## Facts

The Resolution Professional (RP) filed an application to withdraw the main petition under Section 9 of the IBC, supported by Form FA dated November 11, 2022. This was in compliance with Regulation 30A of the Regulation 2016. The application also sought payment of the RP's fees and expenses by the Operational Creditor/Suspended Directors. An earlier application (IA No. 1 of 2023) filed by the Corporate Debtor was disposed of, directing the RP to file a fresh application after a CoC meeting. The RP collected Form FA and moved the present application in June 2023. The Operational Creditor had given an undertaking in Form FA to make payments as per Regulation 30A. The CoC had passed a resolution for withdrawal of the main petition. The RP suggested that a reasonable amount

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## Issues and analysis

### Issue 1: Whether the application for withdrawal of the main petition under Section 9 of the IBC should be …

**Ratio:** The court can allow the withdrawal of the main petition if the CoC has passed a

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**Reasoning:** The court considered the resolution passed by the CoC for withdrawal of the main petition

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**Interpretation:** The court interpreted the provisions of the IBC and the regulations related to

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**Application:** The court applied the ratio to the facts of the case, noting that the CoC had

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## Parties

- **Judges:** Praveen…; Ashish…
- **Appellants:** PRAVEEN…
- **Respondents:** ANINDYA INFRATECH…

## Timeline

- **2022-11-11 — Form FA…**: Form FA purported to be dated 11th…
- **2023-04-28 — Order on IA No…**: IA No. 1 of 2023 was decided, directing the RP to file the application in accordance with…

## 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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