# In the matter of Skill Infrastructure Limited

> NCLT judgment dated 2025-08-13. Citation: TCN-2025-NCLT-01296. This case involves an application (IA No. 67/MB/2025) filed under Section 12A of the Insolvency…

- **Court:** NCLT
- **Order date:** 13 Aug 2025
- **Citation:** TCN-2025-NCLT-01296
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-mumbai/skill-infrastructure-limited-9a9765ea

## Summary

### Background

This case involves an application (IA No. 67/MB/2025) filed under Section 12A of the Insolvency and Bankruptcy Code, 2016 (IBC) by Mr. Purusottam Behara, the Interim Resolution Professional (IRP) of SKIL Infrastructure Limited, the Corporate Debtor (CD), for withdrawal of the Corporate Insolvency Resolution Process (CIRP) initiated against the CD. The original Company Petition (CP (IB) No. 834/MB/2020) was filed by Amluckie Investment Company Limited.

## Facts

Amluckie Investment Company Limited filed the original CP against SKIL Infrastructure Limited under Section 7 of the IBC for a default amount of Rs.3,70,32,768/-.

The CIRP was initiated against SKIL Infrastructure Limited on 01.02.2024, and Mr. Purusottam Behara was appointed as the IRP.

Mr. Bhavesh Gandhi, director of the suspended board of SKIL Infrastructure Limited, filed an appeal before the NCLAT against the Admission Order.

The Original FC and the director of the suspended board of the CD entered into a Settlement Agreement dated 17.10.2024.

Bank of India, UCO Bank, and Edelweiss Asset Reconstruction Company Limited filed Intervention Petitions challenging the Withdrawal IA.

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## Issues and analysis

### Issue 1: Whether the Withdrawal IA filed under …

**Ratio:** Section 12A of the IBC and Regulation 30A of the CIRP Regulations provide discretion to

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**Reasoning:** The NCLT considered the settlement agreement, the objections of the intervenors, and the

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**Interpretation:** The Adjudicating Authority has the discretion to allow or disallow a withdrawal

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**Application:** The NCLT exercised its discretion and dismissed the Withdrawal IA, stating that

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## Parties

- **Judges:** K. R. SAJI…; ANIL RAJ C…
- **Appellants:** Purusottam…; Edelweiss Asset…
- **Respondents:** Skill Infrastructu…; Amluckie Investmen…; +2 more
- **Other parties:** Bank of…; UCO B…
- **Advocates:** Nausher…; Aniruddh…; +13 more

## Timeline

- **2020-02-20 — Original CP…**: The Original CP was filed by Amluckie Investment Company Limited against SKIL…
- **2024-02-01 — Admission…**: The CIRP was initiated against SKIL Infrastructure Limited, and Mr. Purusottam Behara was…

## 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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