JKB Financial Services Ltd.

As on : 19-Oct-2026

Corporate News
19-Oct-2026 16:14

NCLT dismisses application to withdraw CIRP, protecting creditors' interests under IBC

The National Company Law Tribunal (NCLT) dismissed an application to withdraw a Corporate Insolvency Resolution Process (CIRP) against a company, citing the “in rem” nature of the proceedings and the need to protect the interests of all creditors. The original Financial Creditor, who initiated the CIRP under Section 7 of the Insolvency and Bankruptcy Code (IBC), sought withdrawal after reaching a settlement, but intervening creditors opposed the move, arguing that the settlement involved only one creditor and substantial debts remained. Relying on guidance from a Supreme Court ruling, the Tribunal emphasized that a settlement with a single creditor does not resolve overall financial distress and that withdrawal requires approval from the Committee of Creditors (CoC), which had not been formed in this case. Consequently, I.A. No. 166/2026 and I.A. No. 129/2026 were dismissed, rendering intervention petitions academic.

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