# In the matter of Radius Estates and Developers Private Limited I.A No.833 of 2022 in CP (IB) No 1390 of 2020

> NCLT judgment dated 2023-01-09. Citation: TCN-2023-NCLT-05142. I.A 833 of 2022 was filed by M/s Sun of India Security Services as an Operational Creditor,…

- **Court:** NCLT
- **Order date:** 9 Jan 2023
- **Citation:** TCN-2023-NCLT-05142
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/radius-estates-and-developers-private-limited-ia-no833-of-2022-in-cp-ib-no-1390-a5e8bc53

## Summary

### Background

I.A 833 of 2022 was filed by M/s Sun of India Security Services as an Operational Creditor, seeking condonation of delay in filing its claim before the Resolution Professional and admission of claim by the Resolution Professional.

## Facts

M/s Sun of India Security Services, an Operational Creditor, filed I.A 833 of 2022 seeking condonation of delay in filing its claim before the Resolution Professional and admission of claim by the Resolution Professional. The applicant's counsel informed the bench of their intention to withdraw the application based on a settlement between the parties.

## Issues and analysis

### Issue 1: Whether the application I.A 833 of 2022 should be allowed to be withdrawn based on the settlement …

**Ratio:** An application can be withdrawn if the

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**Reasoning:** The Bench was informed by the Ld. Counsel of the Applicant of I.A. 833 of 2022, that he

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**Interpretation:** This implies that the court acknowledges the right of parties to settle

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**Application:** Since the applicant expressed the intention to withdraw the application based

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## Parties

- **Judges:** Kuldip Kumar…; ANURADHA SANJAY…
- **Appellants:** M/s Sun of India…
- **Respondents:** Radius Estates &…; Radius Estates…; +1 more

## Timeline

- **2022-12-12 — Order Del…**: Order delivered on I.A…

## 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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