# In the matter of Echo Motors And Automobiles Private Limited

> NCLT judgment dated 2026-03-26. Citation: TCN-2026-NCLT-00334. The case involves an application for withdrawal of the main petition under the Insolvency and…

- **Court:** NCLT
- **Order date:** 26 Mar 2026
- **Citation:** TCN-2026-NCLT-00334
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-guwahati/echo-motors-and-automobiles-private-limited-bddba87d

## Summary

### Background

IA (IBC)/48/GB/2026 was filed for the confirmation of appointment of Mr. Bishal Agarwal as the Resolution Professional (RP) of the CD in accordance with Section 22 of IBC, 2016.

## Facts

Mr. Kunal P. Vaishnav, Advocate, appeared for the Operational Creditor/Applicant.

Mr. B. Agarwal, IRP, was present in person.

The Committee of Creditors (CoC) approved the withdrawal of the main petition with 100% voting share.

IA (IBC)/47/GB/2026 was filed under Section 12A and Section 60(5) of the Insolvency and Bankruptcy Code, 2016, read with Rule 11 of the NCLT Rules, 2016.

Mr. Bishal Agarwal is the IRP.

Mr. A. Jain, Adv. for IRP.

## Issues and analysis

### Issue 1: Whether the application for withdrawal of the main petition should be allowed given the approval of …

**Ratio:** The Committee of Creditors (CoC) approved

…

**Reasoning:** The approval of the CoC indicates that the creditors are in agreement with the withdrawal

…

**Interpretation:** Section 12A and Section 60(5) of the Insolvency and Bankruptcy Code, 2016, read

…

**Application:** Since the CoC approved the withdrawal, the application was allowed, and the

…

## Parties

- **Judges:** Brajendra Mani…; Yogendra Kumar…
- **Appellants:** Atul Auto L…; Kunal P. Va…
- **Respondents:** Echo Motors and…
- **Other parties:** Bishal Ag…
- **Advocates:** Kunal Vai…; A. J…

## Timeline

- **2026-03-26 — Hearing…**: Order sheet of the…

## 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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