# In the matter of BGR Energy Systems Ltd. CP(IB) No. 61-9-AMR-2021

> NCLT judgment dated 2022-12-20. Citation: TCN-2022-NCLT-00096. The case pertains to CP(IB) No. 61/9/AMR/2021 filed under Section 9 of the IBC. A memo of…

- **Court:** NCLT
- **Order date:** 20 Dec 2022
- **Citation:** TCN-2022-NCLT-00096
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/bgr-energy-systems-ltd-cpib-no-61-9-amr-2021-9e2a14e8

## Summary

### Background

The case pertains to CP(IB) No. 61/9/AMR/2021 filed under Section 9 of the IBC. A memo of withdrawal of the Company Petition has been filed by the OC (Original Creditor).

## Facts

CP(IB) No. 61/9/AMR/2021 was filed. The Original Creditor (OC) filed a memo for withdrawal of the Company Petition. The court took the memo on record. The court observed that nothing survives for adjudication in light of the withdrawal memo. The case involves Chandresh Cables Limited as the Operational Creditor and BGR Energy Systems Limited as the Corporate Debtor.

## Issues and analysis

### Issue 1: Whether the Company Petition CP(IB) No. 61/9/AMR/2021 can be dismissed as withdrawn based on the …

**Ratio:** A Company Petition can be dismissed as withdrawn when the Original Creditor files a memo

…

**Reasoning:** The court reasoned that since the Original Creditor had filed a memo for withdrawal, and

…

**Interpretation:** The interpretation is that the court has the discretion to dismiss a petition

…

**Application:** In this case, the Original Creditor, Chandresh Cables Limited, filed a memo for

…

## Parties

- **Judges:** Venkata Ramakrishn…
- **Appellants:** Chandresh Cables…
- **Respondents:** BGR Energy…

## Timeline

- **2022-12-20 — Hearing…**: Hearing held on…

## 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)

---

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-division-bench-court-i-chenn/bgr-energy-systems-ltd-cpib-no-61-9-amr-2021-9e2a14e8