# In the matter of Bird Execujet Airport Services Pvt. Ltd. CP(IB) No. 140-Chd-Hry-2019

> NCLT judgment dated 2022-05-18. Citation: TCN-2022-NCLT-02721. The case pertains to CP(IB) No. 140/Chd/Hry/2019 under Section 9 of the IBC 2016. Air Works…

- **Court:** NCLT
- **Order date:** 18 May 2022
- **Citation:** TCN-2022-NCLT-02721
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/bird-execujet-airport-services-pvt-ltd-cpib-no-140-chd-hry-2019-e7077c7c

## Summary

### Background

The case pertains to CP(IB) No. 140/Chd/Hry/2019 under Section 9 of the IBC 2016. Air Works India (Engineering) Pvt. Ltd., the operational creditor, filed a petition against Bird Execujet Airport Services Pvt. Ltd., the corporate debtor. The petitioner's counsel submitted that the entire claim amount has been paid by the respondent-corporate debtor.

## Facts

Air Works India (Engineering) Pvt. Ltd. (the 'Petitioner'), an operational creditor, initiated insolvency proceedings against Bird Execujet Airport Services Pvt. Ltd. (the 'Respondent'), the corporate debtor, under Section 9 of the Insolvency and Bankruptcy Code, 2016. The Petitioner's counsel stated that the entire claim amount had been paid by the Respondent to the Petitioner. Consequently, the Petitioner sought to withdraw the petition. The court, acknowledging the statement, dismissed the petition as withdrawn. The key fact is the full payment of the claim, leading to the withdrawal of the insolvency petition.

## Issues and analysis

### Issue 1: Whether the petition should be dismissed as withdrawn given the submission by the petitioner's …

**Ratio:** A petition can be dismissed as withdrawn when the petitioner indicates a desire to

…

**Reasoning:** The court accepted the statement of the petitioner's counsel that the entire claim amount

…

**Interpretation:** This reflects the principle that insolvency proceedings are intended to resolve

…

**Application:** In this specific case, the ratio was applied directly to the facts presented.

…

## Parties

- **Judges:** SUBRATA KUM…; Harnam Singh…
- **Appellants:** Air Works India…
- **Respondents:** Bird Execujet…

## Timeline

- **2019-01-01 — Petition…**: CP(IB) No. 140/Chd/Hry/2019…
- **2022-05-18 — Petition Di…**: The petition was dismissed as withdrawn following the submission that the entire claim…

## 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/bird-execujet-airport-services-pvt-ltd-cpib-no-140-chd-hry-2019-e7077c7c