# In the matter of Inox Wind Infrastructure Services Ltd. C.P.(IB)-82(AHM)2021

> NCLT judgment dated 2022-08-17. Citation: TCN-2022-NCLT-01336. The case pertains to proceedings under Section 9 of the Insolvency and Bankruptcy Code (IBC).…

- **Court:** NCLT
- **Order date:** 17 Aug 2022
- **Citation:** TCN-2022-NCLT-01336
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/inox-wind-infrastructure-services-ltd-cpib-82ahm2021-ac3fbb3d

## Summary

### Background

The case pertains to proceedings under Section 9 of the Insolvency and Bankruptcy Code (IBC). The applicant, Sunder Kanji Bhadra, proprietor of Aditya Crane Service, filed a case against the respondent, Inox Wind Infrastructure Services Ltd. The applicant sought to withdraw the application.

## Facts

Sunder Kanji Bhadra, proprietor of Aditya Crane Service, initiated proceedings against Inox Wind Infrastructure Services Ltd under Section 9 of the IBC. Subsequently, the applicant filed a withdrawal pursis, stating that the parties had amicably settled the matter. The applicant requested that the matter be allowed to be withdrawn. The court considered the request and the representation made by the applicant's counsel, Mr. Parmar.

## Issues and analysis

### Issue 1: Whether the application filed under Section 9 of the IBC can be withdrawn based on the amicable …

**Ratio:** The legal principle applied is that an application can be withdrawn if the parties have

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**Reasoning:** The court reasoned that since the parties had amicably settled the matter and the

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**Interpretation:** This interpretation aligns with the objective of the IBC to facilitate

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**Application:** In this specific case, the applicant filed a withdrawal pursis indicating an

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## Parties

- **Judges:** DEEPTI M…; Ajai Das Me…
- **Appellants:** Sunder Kanji…
- **Respondents:** Inox Wind…

## Timeline

- **N/A — Filing of App…**: Sunder Kanji Bhadra filed an application against Inox Wind Infrastructure Services Ltd…
- **N/A — Withdrawal Pur…**: The applicant filed a withdrawal pursis, stating that the parties had amicably settled…

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