# 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-01344. 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-01344
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/inox-wind-infrastructure-services-ltd-cpib-82ahm2021-b7e01c1e

## 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 matter was listed before the National Company Law Tribunal (NCLT), Ahmedabad.

## Facts

Sunder Kanji Bhadra, proprietor of Aditya Crane Service, initiated proceedings against Inox Wind Infrastructure Services Ltd under Section 9 of the IBC. The applicant, represented by Proxy Counsel Mr. Parmar, 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 The applicant requested that the matter be allowed to be withdrawn.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 NCLT considered the request for withdrawal.

## Issues and analysis

### Issue 1: Whether the application filed under Section 9 of the IBC can be withdrawn based on the amicable …

**Ratio:** An application under Section 9 of the IBC can be withdrawn if the parties have amicably

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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 allows for the resolution of disputes outside of formal

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**Application:** In this case, the applicant filed a withdrawal pursis stating that the parties

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## Parties

- **Judges:** DEEPTI M…; Ajai Das Me…
- **Appellants:** Sunder Kanji…
- **Respondents:** Inox Wind…
- **Advocates:** P.K. Pa…

## Timeline

- **N/A — Application…**: Sunder Kanji Bhadra Proprietor of Aditya Crane Service filed an application against Inox…
- **2022-08-17 — Order Del…**: The NCLT, Ahmedabad, allowed the withdrawal of the application CP(IB) 82 of 2021, as the…

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