# In the matter of Investors Clinic Infratech Pvt. Ltd. IB-546-PB-2019

> NCLT judgment dated 2022-09-21. Citation: TCN-2022-NCLT-00980. This is an application under Rule 11 of NCLT Rules read with Section 60(5) of the IB Code for…

- **Court:** NCLT
- **Order date:** 21 Sept 2022
- **Citation:** TCN-2022-NCLT-00980
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/investors-clinic-infratech-pvt-ltd-ib-546-pb-2019-1a873a30

## Summary

### Background

This is an application under Rule 11 of NCLT Rules read with Section 60(5) of the IB Code for withdrawal of the CP No. 546 of 2019 on account of subsequent developments in the matter. The applicant sought to withdraw the present CP No. 546 of 2019.

## Facts

Mrs. Seema Sundd filed a petition against M/s. Investor Clinic Infratech Pvt. Ltd. under Section 7 of the IB Code, 2016. An application was made under Rule 11 of NCLT Rules read with Section 60(5) of the IB Code for withdrawal of the CP No. 546 of 2019 due to subsequent developments. The applicant sought to withdraw the application because she is keen to receive the home for herself and in the light of the recognition of her right by the Ld. Receiver on the basis of books maintained by Amrapali, subsequent payment stated to have been made by her and the contents of the reply of the Respondent. The Tribunal permitted the withdrawal.

## Issues and analysis

### Issue 1: Whether the Tribunal should allow the withdrawal of CP No. 546 of 2019 based on the applicant's …

**Ratio:** Rule 8 of IB (Application to Adjudicating Authority) Rules, 2016, allows for the

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**Reasoning:** The Tribunal reasoned that the applicant's desire to receive her home, the recognition of

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**Interpretation:** The interpretation of Rule 8 allows the Tribunal to consider the specific

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**Application:** In this case, the Tribunal applied Rule 8 by considering the applicant's

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## Parties

- **Judges:** P.S.N. P…; RAHUL BHA…
- **Appellants:** Seema S…
- **Respondents:** M/s. Investor…

## Timeline

- **2019-01-01 — CP No. 546…**: CP No. 546 of 2019 was…
- **2022-01-01 — IA/4552/202…**: An application (IA/4552/2022) was filed under Rule 11 of NCLT Rules read with Section…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 60(5) — Adjudicating Authority for corporate persons](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-60)

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