# In the matter of Hygiene Feeds & Farms Pvt. Ltd. CP(IB) No. 479-Chd-Hry-2019

> NCLT judgment dated 2022-08-24. Citation: TCN-2022-NCLT-01297. The case involves CP(IB) No. 479/Chd/Hry/2019 under Section 9 of the IBC 2016. The petitioner,…

- **Court:** NCLT
- **Order date:** 24 Aug 2022
- **Citation:** TCN-2022-NCLT-01297
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/hygiene-feeds-farms-pvt-ltd-cpib-no-479-chd-hry-2019-9738bbcf

## Summary

### Background

The case involves CP(IB) No. 479/Chd/Hry/2019 under Section 9 of the IBC 2016. The petitioner, K.S. Traders, is an operational creditor, and the respondent, Hygiene Feeds & Farms Pvt. Ltd., is the corporate debtor. The petitioner seeks to withdraw the present petition with the liberty to re-file if the parties in the CIRP arrive at a settlement.

## Facts

K.S. Traders, an operational creditor, filed a petition against Hygiene Feeds & Farms Pvt. Ltd., the corporate debtor, under Section 9 of the IBC 2016. A CIRP proceeding had already been initiated against Hygiene Feeds & Farms Pvt. Ltd. vide order dated 18.07.2022 in CP(IB) No.125/Chd/Hry/2021; Aviagen India Poultry Breeding Company Private Limited Vs. Hygiene Fees & Farms Private Limited. The petitioner sought to withdraw the present petition with the liberty to re-file if the parties in the CIRP arrive at a settlement. The court dismissed the petition as withdrawn with liberty to re-file.

## Issues and analysis

### Issue 1: Whether the petitioner can be allowed to withdraw the present petition with the liberty to re-file …

**Ratio:** A party can withdraw a petition with the liberty to re-file if circumstances warrant such

…

**Reasoning:** The court considered the statement made by the learned counsel for the petitioner that he

…

**Interpretation:** The interpretation is that the court has the discretion to allow the withdrawal

…

**Application:** The court applied this principle to the present case, allowing the petitioner

…

## Parties

- **Judges:** SUBRATA KUM…; Harnam Singh…
- **Appellants:** K.S. Tr…
- **Respondents:** Hygiene Feeds &…

## Timeline

- **2022-07-18 — CIRP Init…**: CIRP proceeding initiated against the respondent-corporate debtor vide order dated…
- **2022-08-24 — Order Da…**: The present petition is dismissed as…

## 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/hygiene-feeds-farms-pvt-ltd-cpib-no-479-chd-hry-2019-9738bbcf