# In the matter of Supertharrm Engineers Private Limited

> NCLT judgment dated 2025-04-07. Citation: TCN-2025-NCLT-01012. The case involves an application (IA-541/2025) filed by the Resolution Professional (RP) of…

- **Court:** NCLT
- **Order date:** 7 Apr 2025
- **Citation:** TCN-2025-NCLT-01012
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-mumbai/supertharrm-engineers-private-limited-149121d0

## Summary

### Background

The case involves an application (IA-541/2025) filed by the Resolution Professional (RP) of Supertharrm Engineers Private Limited, the Corporate Debtor (CD), seeking withdrawal of the Corporate Insolvency Resolution Process (CIRP) that commenced on 07.06.2022. The initial CIRP was initiated based on an application (CP(IB)-1442/2020) filed by Vidya Sahakari Bank Ltd. under Section 7 of the IBC.

## Facts

Vidya Sahakari Bank Ltd. initiated CIRP against Supertharrm Engineers Private Limited (Corporate Debtor) via CP(IB)-1442/2020 under Section 7 of the IBC.

CIRP was initiated on 07.06.2022.

Sunil Gajanan Nanai was appointed as the Interim Resolution Professional (IRP).

The IRP made a public announcement and constituted the Committee of Creditors (CoC).

No resolution plan was approved during the CIRP.

The RP moved IA No.64/2023 seeking commencement of liquidation, which was allowed on 07.08.2023.

The Directors of the suspended board appealed against the liquidation order, and the NCLAT set aside the liquidation order on 22.03.2024, directing payment to the sole CoC member.

…

## Issues and analysis

### Issue 1: Whether the conditions for withdrawal of CIRP under …

**Ratio:** Section 12A of the IBC allows for the withdrawal of CIRP with the approval of 90% voting

…

**Reasoning:** The CoC has resolved to file Application under Section 12A of the IBC for withdrawal of

…

**Interpretation:** The provision allows for withdrawal if the CoC approves and the necessary

…

**Application:** The CoC approved the withdrawal with 100% voting share, and the RP filed the

…

## Parties

- **Judges:** ANIL RAJ C…; K. R. SAJI…
- **Appellants:** RP of Supertharrm…
- **Respondents:** Supertharrm…; Vidya Sahakari…
- **Other parties:** Sunil Gajanan…
- **Advocates:** Avinash R.…; Sure…; +2 more

## Timeline

- **2022-06-07 — CIRP Commen…**: CIRP commenced against…
- **2023-08-07 — Liquidation…**: Tribunal allowed the commencement…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 7 — Initiation of corporate insolvency resolution…](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-7)

---

This is a preview. The full structured summary, issues, precedents and source judgment are available on CaseEase - Legal Intelligence Simplified: https://caseease.in/cases/ibc/nclt-mumbai/supertharrm-engineers-private-limited-149121d0