Authority: National Company Law Tribunal (NCLT), New Delhi Bench (Court – II)
Order Date: 12.06.2026
Case Overview
The petition, registered as CP (IB)-299/ND/2026, was an application filed by Shri Tirupati Appliances (Applicant/Petitioner) against Wecare Products Private Limited (Respondent) under Section 9 of the Insolvency and Bankruptcy Code (IBC), 2016. The matter was heard by a bench comprising Hon'ble Member (Judicial) Sh. Ashok Kumar Bhardwaj and Hon'ble Member (Technical) Sh. Atul Chaturvedi. The applicant was represented by Advocates Shaurya Shyam and Jaskaran S Bhatia. The hearing was conducted in a hybrid mode (VC and Physical). During the proceedings, the Learned Counsel for the Applicant brought to the tribunal's attention the provisions of Section 215(3) of the IBC, 2016, as amended by the Insolvency and Bankruptcy Code (Amendment) Act, 2026. Citing this new provision, the counsel sought to withdraw the current application. The purpose of the withdrawal was to first comply with the mandatory requirements of Section 215(3) before formally filing an application under Section 9 of the IBC.
Final Outcome
The NCLT bench accepted the applicant's request. The application was dismissed as withdrawn. The order specifically grants liberty to the applicant to refile the petition, meaning the applicant is permitted to initiate fresh proceedings under Section 9 after fulfilling the compliance requirement under Section 215(3).
Topics: Insolvency, NCLT, Legal Procedure