# In the matter of Nidhi Impotrade Pvt. Ltd.

> NCLT judgment dated 2023-10-06. Citation: TCN-2023-NCLT-01374. The case pertains to proceedings under Section 9 of the Insolvency and Bankruptcy Code (IBC).…

- **Court:** NCLT
- **Order date:** 6 Oct 2023
- **Citation:** TCN-2023-NCLT-01374
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/nidhi-impotrade-pvt-ltd-280b52fb

## Summary

### Background

The case pertains to proceedings under Section 9 of the Insolvency and Bankruptcy Code (IBC). Mohit Minerals Ltd is the applicant, and Nidhi Impotrade Pvt Ltd is the respondent. Several Interlocutory Applications (IAs) are listed, including IA 759 of 2021, IA 609 of 2021, IA 800 of 2023, IA 868 of 2023, and IA 1014 of 2023, in CP(IB) 686 of 2019.

## Facts

Mohit Minerals Ltd initiated proceedings against Nidhi Impotrade Pvt Ltd under Section 9 of the IBC. Several IAs were filed in connection with the main case CP(IB) 686 of 2019. The Resolution Professional (RP) filed a Pursis for withdrawal of IA 800 of 2023 and IA 868 of 2023, which was permitted by the court. The RP also filed IA 1014 of 2023 to bring the status report on record, which the court accepted and disposed of the IA. IA 609(AHM)2021 is scheduled for a hearing on 05.12.2023. Oral arguments are complete for IA/759(AHM)2021, and the matter is listed for filing written submissions by the parties on 25.10.2023.

## Issues and analysis

### Issue 1: Whether IA 800 of 2023 and IA 868 of 2023 should be allowed to be withdrawn based on the …

**Ratio:** An applicant is generally permitted to withdraw an application if they deem it necessary

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**Reasoning:** The court accepted the applicant/RP's request to withdraw IA 800 of 2023 and IA 868 of

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**Interpretation:** The court's decision reflects the principle that an applicant has the right to

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**Application:** The applicant's request to withdraw the IAs was granted, and the court disposed

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## Parties

- **Judges:** Chitra Ha…; Velamur G Venkata…
- **Appellants:** Mohit Miner…
- **Respondents:** Nidhi Impotrade…

## Timeline

- **2023-10-06 — Order Del…**: Order delivered by the…
- **2023-10-25 — Filing of Written…**: Matter listed for filing written…

## 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)

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