# In the matter of Gammon Engineers And Contractors Private Limited

> NCLT judgment dated 2023-10-06. Citation: TCN-2023-NCLT-01344. The case involves an application for withdrawal of a Corporate Insolvency Resolution Process…

- **Court:** NCLT
- **Order date:** 6 Oct 2023
- **Citation:** TCN-2023-NCLT-01344
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/gammon-engineers-and-contractors-private-limited-c5c49ee9

## Summary

### Background

The case involves an application for withdrawal of a Corporate Insolvency Resolution Process (CIRP) application. The Operational Creditor (OC) sought permission to withdraw the CIRP application. The court granted the permission.

## Facts

ADO Additives Technologies Limited, as the Operational Creditor (OC), filed a Corporate Insolvency Resolution Process (CIRP) application against Gammon Engineers And Contractors Private Limited, the Corporate Debtor (CD). The OC sought oral permission to withdraw the CIRP application. The court granted permission for the withdrawal. Consequently, the CIRP application, C.P. (IB)/936(MB)2022, was disposed of as withdrawn, with the OC retaining the liberty to file a fresh CIRP application. Additionally, I.A.3185(MB)2023, related to the main CIRP application, was also disposed of.

## Issues and analysis

### Issue 1: Whether the Operational Creditor should be granted permission to withdraw the Corporate Insolvency …

**Ratio:** The court has the discretion to allow the withdrawal of a CIRP application if it deems

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**Reasoning:** The court granted permission based on the request of the OC, implying that the court

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**Interpretation:** This legal issue involves the interpretation of the Insolvency and Bankruptcy

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**Application:** In this specific case, the court applied its discretion to allow the OC to

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## Parties

- **Judges:** SANJIV…; K. R. SAJI…
- **Appellants:** ADO Additives…
- **Respondents:** Gammon Engineers…
- **Advocates:** PS. Th…; P.G. Sa…

## Timeline

- **2023-10-06 — Order Sheet of…**: The court heard the application for withdrawal of the CIRP and passed an order allowing…

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