# In the matter of Windals Auto Pvt.  Ltd. Rst.A 06(MB)-2022 in C.P. (IB)-503(MB)-2021

> NCLT judgment dated 2022-07-08. Citation: TCN-2022-NCLT-04597. An application was filed by the Operational Creditor seeking restoration of a Company Petition…

- **Court:** NCLT
- **Order date:** 8 Jul 2022
- **Citation:** TCN-2022-NCLT-04597
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-mumbai/windals-auto-pvt-ltd-rsta-06mb-2022-in-cp-ib-503mb-2021-6a8d513d

## Summary

### Background

An application was filed by the Operational Creditor seeking restoration of a Company Petition that was previously dismissed as infructuous.

## Facts

The Operational Creditor filed Rst.A.:06(MB)/2022 seeking restoration of CP(IB)/503(MB)/2021.

The main Company Petition CP(IB)/503(MB)/2021 was dismissed as infructuous on 25.08.2021 because CIRP had already been initiated against the Corporate Debtor in CP(IB)-3221/MB/2019.

The CIRP initiated in CP(IB)-3221/MB/2019 was set aside, and the petition was dismissed as withdrawn under Section 12A due to an amicable settlement.

The court allowed Rst.A.:06(MB)/2022 and restored CP(IB)/503(MB)/2021.

The registry was directed to issue a court notice to the Corporate Debtor indicating the next hearing date.

The matter is listed for further consideration on 13.09.2022.

## Issues and analysis

### Issue 1: Whether the main Company Petition CP(IB)/503(MB)/2021, which was previously dismissed as …

**Ratio:** The Bench considered the circumstances and found it appropriate to restore the main

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**Reasoning:** The initial dismissal was based on the existence of another CIRP, which was later set

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**Interpretation:** The court interpreted the changed circumstances as justifying the restoration

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**Application:** The court applied its discretion to restore the petition, allowing it to be

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## Parties

- **Judges:** Manoj Kumar…; KISHORE VEMULAPALL…
- **Appellants:** Ashok Leyla…; Shreyas Shrivastav…
- **Respondents:** Windals Auto Pvt.…
- **Advocates:** Shreyas Shrivastav…

## Timeline

- **2021-08-25 — Dismissal of CP(IB)/503(…**: The main Company Petition…
- **2021-08-02 — Order in CP(IB)-3221/MB/…**: Order was passed in…

## 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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