# In the matter of Robotics Infratech Pvt. Ltd. IA(I.B.C)-787(KB)2022 in C.P. (IB)-520(KB)2019

> NCLT judgment dated 2022-08-05. Citation: TCN-2022-NCLT-01446. The case involves an application filed by the Interim Resolution Professional (IRP) under…

- **Court:** NCLT
- **Order date:** 5 Aug 2022
- **Citation:** TCN-2022-NCLT-01446
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/robotics-infratech-pvt-ltd-iaibc-787kb2022-in-cp-ib-520kb2019-a4a7816d

## Summary

### Background

The case involves an application filed by the Interim Resolution Professional (IRP) under Section 12A of the Insolvency and Bankruptcy Code (IBC) read with regulation 30A(1)(a) of the IBBI (Insolvency Resolution Process for Corporate Persons) Regulations, 2016. The IRP submitted that the matter had been settled amicably between the Operational Creditor and the Corporate Debtor. Form FA dated 29/04/2022 was received from the Operational Creditor, and no Committee of Creditors (CoC) was formed. The IRP also confirmed that his fees and CIRP costs have been paid in full by the petitioning Operational Creditor.

## Facts

The Interim Resolution Professional (IRP) filed an application under Section 12A of the Insolvency and Bankruptcy Code (IBC) read with regulation 30A(1)(a) of the IBBI (Insolvency Resolution Process for Corporate Persons) Regulations, 2016, seeking withdrawal of the Corporate Insolvency Resolution Process (CIRP). The IRP stated that the matter had been settled amicably between the Operational Creditor and the Corporate Debtor, and Form FA dated 29/04/2022 was received from the Operational Creditor. No Committee of Creditors (CoC) was formed. The IRP's fees and CIRP costs were paid in full by the petitioning Operational Creditor. The CIRP had been initiated against the Corporate Debtor vide order dated 25/02/2020. The relevance of these facts is that they demonstrate a

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## Issues and analysis

### Issue 1: Whether the application for withdrawal of the CIRP under Section 12A of the IBC can be allowed when …

**Ratio:** Section 12A of the IBC allows for the withdrawal of an application admitted under Section

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**Reasoning:** The court noted that in the present case, no CoC was constituted. Therefore, the

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**Interpretation:** Section 12A requires the approval of the CoC for withdrawal, implying that a

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**Application:** Since no CoC was formed, the court could not directly apply Section 12A.

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## Parties

- **Judges:** Rohit K…; Balraj…; +1 more
- **Appellants:** COMMET RESOURCES…
- **Respondents:** ROBOTICS INFRATECH…

## Timeline

- **2020-02-25 — CIRP Init…**: CIRP initiated against the Corporate…
- **2022-04-29 — Form FA Re…**: Form FA dated 29/04/2022 received from the…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 12A — (1) Subject to sub](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-12a)

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