# In the matter of Chirva Pvt. Ltd.

> NCLT judgment dated 2023-09-12. Citation: TCN-2023-NCLT-01663. The case pertains to I.A. 4013 of 2023 before the National Company Law Tribunal, Mumbai Bench.…

- **Court:** NCLT
- **Order date:** 12 Sept 2023
- **Citation:** TCN-2023-NCLT-01663
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/chirva-pvt-ltd-0441ef3f

## Summary

### Background

The case pertains to I.A. 4013 of 2023 before the National Company Law Tribunal, Mumbai Bench. The Resolution Professional (RP) submitted that no Committee of Creditors (CoC) was formed. A communication dated 22.08.2023 between the RP and the Operational Creditor indicated that the parties had settled the matter.

## Facts

The Resolution Professional (RP) informed the court that no Committee of Creditors (CoC) had been formed. A communication dated 2023-08-22 between the RP and the Operational Creditor indicated that the parties had settled the matter. The RP requested the withdrawal of the CIRP. The court considered these facts and allowed the withdrawal of the CIRP.

## Issues and analysis

### Issue 1: Whether the withdrawal of the Corporate Insolvency Resolution Process (CIRP) should be allowed …

**Ratio:** The legal principle applied is that if the parties involved in a CIRP have settled their

…

**Reasoning:** The court reasoned that since the RP submitted that no CoC was formed and the

…

**Interpretation:** This interpretation suggests that the absence of a CoC and a settlement between

…

**Application:** In this specific case, the ratio and reasoning were applied to the facts

…

## Parties

- **Judges:** Reeta K…; Madhu S…
- **Respondents:** SWIFTMAIL…; CHIRVA PV…
- **Advocates:** Raina B…

## Timeline

- **2023-08-22 — Communication between RP and Operational…**: Communication between the RP and the Operational Creditor indicating that the parties…
- **2023-09-12 — Order Shee…**: Order sheet of the hearing of Mumbai Bench…

---

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/chirva-pvt-ltd-0441ef3f