# In the matter of Suddha Reddy Vs Jayanthi G Ravi

> HC judgment dated 2023-06-30. Citation: TCN-2023-HC-00057. This is a writ petition filed in the High Court of Karnataka at Bengaluru under Articles 226 and…

- **Court:** HC
- **Order date:** 30 Jun 2023
- **Citation:** TCN-2023-HC-00057
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/high-courts-new-delhi/suddha-reddy-vs-jayanthi-g-ravi-8bcaca36

## Summary

### Background

This is a writ petition filed in the High Court of Karnataka at Bengaluru under Articles 226 and 227 of the Constitution of India, praying to quash the NCLT Bengaluru order dated 23.02.2022. The petitioners sought to withdraw the petition with liberty to approach the NCLT on the grounds of fraud and fabrication.

## Facts

Smt. Sudha Reddy and Sri. Rajappa Kantharaja filed a writ petition in the High Court of Karnataka, seeking to quash an order from the NCLT Bengaluru dated 23.02.2022. The petitioners, represented by Sri. Kiran S. Javali, sought to withdraw the petition with the liberty to approach the NCLT on grounds of fraud and fabrication. Chemizol Additives Private Limited, represented by Sri. Aditya Sondhi, opposed the withdrawal. The court considered the arguments and the Apex Court's decision in Sheela Barse vs. Union of India, & Others, 1988 (4) SCC 226, and allowed the withdrawal with liberty to approach the NCLT.

## Issues and analysis

### Issue 1: Whether the petitioners should be allowed to withdraw the writ petition with liberty to approach …

**Ratio:** The court relied on the principle established in Sheela Barse vs. Union of India, &

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**Reasoning:** The court considered the arguments presented by both sides and the Apex Court's decision

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**Interpretation:** The interpretation of the precedent set in Sheela Barse case allows the court

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**Application:** The court applied the ratio from Sheela Barse to the present case, allowing the

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## Parties

- **Judges:** KRISHNA S…
- **Appellants:** SUDHA R…
- **Respondents:** CHEMIZOL ADDITIVES…
- **Other parties:** Kohi…

## Timeline

- **2022-02-23 — NCLT Ord…**: NCLT Bengaluru issued an order, which the petitioners sought to quash in the writ…
- **2023-06-30 — High Court…**: The High Court of Karnataka allowed the petitioners to withdraw the writ petition with…

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