# In the matter of Ramos Ceramic Private Limited

> NCLT judgment dated 2024-09-24. Citation: TCN-2024-NCLT-00561. The case involves proceedings under Section 9 of the Insolvency and Bankruptcy Code (IBC). Two…

- **Court:** NCLT
- **Order date:** 24 Sept 2024
- **Citation:** TCN-2024-NCLT-00561
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/ramos-ceramic-private-limited-9e780351

## Summary

### Background

The case involves proceedings under Section 9 of the Insolvency and Bankruptcy Code (IBC). Two Interlocutory Applications (IAs), IA/668(AHM)2024 and IA/1419(AHM)2024, were filed in connection with CP(IB)/40(AHM)2023. IA/668(AHM)2024 was related to the withdrawal of the Corporate Insolvency Resolution Process (CIRP) under Section 12 of the IBC. IA/1419(AHM)2024 was filed by the Applicant to set aside the order admitting the Section 9 application and related orders.

## Facts

Sicer Inkera Private Limited filed an application against Ramos Ceramic Private Limited under Section 9 of the IBC. The applicant subsequently sought to withdraw the CIRP under Section 12 of the IBC. The applicant also filed IA/1419(AHM)2024 to set aside the order dated 14.02.2024 admitting the Section 9 application, including the appointment of the IRP, declaration of moratorium, and subsequent actions. The applicant filed Purshish dated 13 Sept 2024 withdrawing the application. The court heard the learned counsel for the applicant.

## Issues and analysis

### Issue 1: Whether the applicant can withdraw the …

**Ratio:** Section 12 of the IBC allows for the

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**Reasoning:** The court considered the applicant's submission that the matter need not be pursued as

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**Interpretation:** Section 12 of the IBC provides a mechanism for withdrawing CIRP, subject to

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**Application:** The court applied the principle of Section 12 of the IBC to the facts of the

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## Parties

- **Judges:** Chitra Ha…; Velamur G Venkata…
- **Appellants:** Sicer Inkera…
- **Respondents:** Ramos Ceramic…

## Timeline

- **2024-02-14 — Order Da…**: Order passed admitting…
- **2024-09-13 — Purshish…**: Applicant filed Purshish…

## 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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