# In the matter of Gulam Mustafa Enterprises Private Limited Vs.. Arisunittern Re Solutions Private Ltd. & Ors.

> HC judgment dated 2024-04-18. Citation: TCN-2024-HC-00098. The case involves a writ petition filed in the High Court of Karnataka at Bengaluru, challenging an…

- **Court:** HC
- **Order date:** 18 Apr 2024
- **Citation:** TCN-2024-HC-00098
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/high-courts-new-delhi/gulam-mustafa-enterprises-private-limited-vs-arisunittern-re-solutions-private-l-edcfc8dc

## Summary

### Background

The case involves a writ petition filed in the High Court of Karnataka at Bengaluru, challenging an order passed by the National Company Law Tribunal (NCLT), Bangalore in CP (IB) No. 105/2023. The petitioner sought to withdraw the writ petition to approach the National Company Law Appellate Tribunal (NCLAT) against the NCLT order.

## Facts

Gulam Mustafa Enterprises Private Limited filed a writ petition challenging an order by the National Company Law Tribunal (NCLT), Bangalore, in CP (IB) No. 105/2023. The petitioner, represented by its director and authorized signatory Sri. Gulam Mustafa, sought to withdraw the petition to approach the National Company Law Appellate Tribunal (NCLAT). The petitioner also requested an extension of the interim order granted by the High Court and sought liberty to raise the same contentions before the NCLAT. The respondents included M/S. Arisunitern Re Solutions Private Limited and Mr. Balakrishna Venkatachalam, an Interim Resolution Professional. The petitioner's decision to withdraw the petition and approach the NCLAT is a key fact, indicating a change in strategy or

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## Issues and analysis

### Issue 1: Whether the petitioner should be granted leave to withdraw the writ petition to approach the …

**Ratio:** A party has the right to withdraw a petition if they believe a more appropriate forum

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**Reasoning:** The court considered the petitioner's memo requesting withdrawal to pursue the matter

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**Interpretation:** The court interpreted the petitioner's request as a strategic decision to seek

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**Application:** The court applied the principle of allowing withdrawal by granting the

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## Parties

- **Judges:** M. NAGAPR…
- **Appellants:** Gulam Mustafa…
- **Respondents:** M/S. ARISUNITERN…

## Timeline

- **2024-04-18 — Writ Petitio…**: Gulam Mustafa Enterprises Private Limited filed a writ petition in the High Court of…
- **2024-02-29 — NCLT Ord…**: Order passed by the National Company Law…

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