Withdrawal of application admitted under section 7, 9 or 10
Section 12A of the Insolvency and Bankruptcy Code, 2016 deals with withdrawal of application admitted under section 7, 9 or 10. The Adjudicating Authority may allow the withdrawal of application admitted under section 7 or section 9 or section 10, on an application made by the applicant with the approval of ninety per cent. The Act was enacted on 28 May 2016.
1[12A. Withdrawal of application admitted under section 7, 9 or 10.—The Adjudicating Authority may allow the withdrawal of application admitted under section 7 or section 9 or section 10, on an application made by the applicant with the approval of ninety per cent. voting share of the committee of creditors, in such manner as may be specified.]
Section 12A, The Insolvency and Bankruptcy Code, 2016 (Act 31 of 2016).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
This section refers to
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Swiss Ribbons Pvt. Ltd. v. Union of India
Court's Decision & Legal Precedent
The Insolvency and Bankruptcy Code, 2016 withstands Article 14 challenge. Classification of financial versus operational creditors, the committee-of-creditors voting structure, and section 29A ineligibility are not manifestly arbitrary. Economic legislation receives judicial hands-off within constitutional bounds.
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Made under this section, and citing it
3 instruments name this provision in its title or its text without being made under it.
Questions about Section 12A
What have the courts held on Section 12A of the Insolvency and Bankruptcy Code?
Swiss Ribbons Pvt. Ltd. v. Union of India (25 Jan 2019) is the leading judgment on this section among those set out below: The Insolvency and Bankruptcy Code, 2016 withstands Article 14 challenge.
How do I find court cases under Section 12A of the Insolvency and Bankruptcy Code?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Insolvency and Bankruptcy Code 12A, section 12A Insolvency and Bankruptcy Code, section 12A of the Insolvency and Bankruptcy Code. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Swiss Ribbons Pvt. Ltd. v. Union of India (25 Jan 2019).
What should I read with Section 12A of the Insolvency and Bankruptcy Code, and has it changed?
Its own text turns on section 7 (Initiation of corporate insolvency resolution process by financial creditor), section 9 (Application for initiation of corporate insolvency resolution process by operational creditor), section 10 (Initiation of corporate insolvency resolution process by corporate applicant), so none of them can safely be read on its own. 1 other provision in this corpus refers back to it. 3 instruments name it without being made under it, most recently Insolvency and Bankruptcy Board of India (Insolvency Resolution Process for Corporate Persons) (Third Amendment) Regulations, 2022 (2022), then The Insolvency and Bankruptcy Code (Amendment) Act, 2019 (2019).
When was Section 12A of the Insolvency and Bankruptcy Code enacted?
Section 12A of the Insolvency and Bankruptcy Code, cited as Insolvency and Bankruptcy Code 12A, was enacted on 28 May 2016 as Act 31 of 2016. It is in force as at the date shown on this page.
Other sections of this Act
- 240. Power to make regulations2349 words
- 5. Definitions2326 words
- 3. Definitions1381 words
- 29A. Person not eligible to be resolution applicant1152 words
- 239. Power to make rules963 words
- 196. Powers and functions of Board942 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 15 Oct 2026. This page is not a substitute for legal advice.