S&S
S & S Co.
Advocates & Solicitors
Bar Council of India: Notice

Important Disclaimer & Notice

As per the rules of the Bar Council of India, advocates are not permitted to solicit work or advertise in any manner. By proceeding, you acknowledge that you are seeking information relating to S & S Co. of your own accord and that there has been no solicitation, advertisement or inducement by S & S Co. or any of its members.

The content of this website is provided solely for informational purposes and should not be construed as legal advice. S & S Co. shall not be liable for any consequence of any action taken by the user relying on material provided herein.

Any information shared through this website does not create an attorney-client relationship. Transmission of information herein is not intended to constitute, nor does receipt thereof constitute, an attorney-client relationship.

The contents of this website are the intellectual property of S & S Co. No part constitutes legal advice. Readers are requested to seek formal legal counsel before acting upon any information contained herein.
About Practice Areas Locations Legal Updates Legal News Team Blog Search Contact Us
IBC & Insolvency · 29 September 2026

Withdrawing an Admitted CIRP Under Section 12A of the IBC: Process and Requirements

A guide for a corporate debtor and applicant creditor who have reached a settlement after a CIRP has been admitted, explaining the Section 12A withdrawal process, the CoC voting threshold required, and how it differs from withdrawing an application before admission.

By S&S Co. Advocates & Solicitors · Published 29 September 2026 · Informational content, not legal advice: see our disclaimer

Overview

A guide for a corporate debtor and applicant creditor who have reached a settlement after a CIRP has been admitted, explaining the Section 12A withdrawal process, the CoC voting threshold required, and how it differs from withdrawing an application before admission.

What You Need to Know

Frequently Asked Questions

What voting threshold does a Section 12A withdrawal require?

Not less than 90% of the voting share of the Committee of Creditors, which is materially higher than the 66% threshold that governs most other significant CoC decisions, including resolution plan approval.

Can a corporate debtor withdraw a CIRP after admission simply by settling with the original applicant?

Not unilaterally, after admission, withdrawal requires the CoC's approval at the 90% threshold under Section 12A, since the process by then involves the interests of all creditors who have submitted claims, not only the original applicant.

Is withdrawal before a CoC is constituted easier than a Section 12A withdrawal?

Generally yes, before the CoC is constituted, withdrawal can be permitted by the adjudicating authority on a comparatively simpler basis, since the wider creditor collective has not yet formally engaged with the process.

References & Further Reading

This guide references the following statutes, rules and sources, cross-checked at the time of writing.

  1. Section 12A's 90% CoC voting threshold for post-admission withdrawal, and the distinction from pre-CoC withdrawal: well-settled statutory framework, confirmed via IBC Laws and CIRP Regulations commentary at research time
  2. 2026 amendment's tightened, structured withdrawal procedure: reflects a recent legislative change: verify the current text and any further amendment in force at drafting time
  3. See also our IBC & Insolvency Notable Judgments and Legal Updates: IBC & Insolvency archive.
Newsletter

Fortnightly Legal Updates,
By Practice Area

A short digest of significant rulings, regulatory changes and practical guides across our practice areas, sent every two weeks. For general information only, not legal advice.

Get In Touch

Have a Question About
IBC & Insolvency?

Tell us about your situation: we'll help you figure out the right next step.

Contact S&S Co. →

A full-service law firm headquartered in Noida, Delhi and Kolkata, providing commercial litigation, arbitration, corporate advisory and regulatory counsel across Delhi NCR, Kolkata and pan-India.

Practice

IBC & Insolvency Corporate Law & M&A All Practice Areas

Locations

Noida All Locations

Firm

Team Legal Updates Legal News Blog Newsletter Contact