# In the matter of 8K Mile Software Services Pvt.  Ltd. CP-1150-IB-2018

> NCLT judgment dated 2019-02-21. Citation: TCN-2019-NCLT-04735. The document pertains to a Company Petition filed under CP/1150/IB/2018. The operational…

- **Court:** NCLT
- **Order date:** 21 Feb 2019
- **Citation:** TCN-2019-NCLT-04735
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/8k-mile-software-services-pvt-ltd-cp-1150-ib-2018-6ab4ea10

## Summary

### Background

The document pertains to a Company Petition filed under CP/1150/IB/2018. The operational creditor sought withdrawal of the petition with liberty to proceed in accordance with the law.

## Facts

The operational creditor filed a Company Petition CP/1150/IB/2018. The creditor's counsel appeared before the Chennai National Company Law Tribunal and sought to withdraw the petition. The court granted the withdrawal, dismissing the petition but allowing the creditor to proceed with legal action in accordance with the law. The petitioner is Radhasoami Resources LTD and the respondent is 8K Mile Software Services PVT LTD.

## Issues and analysis

### Issue 1: Whether the Company Petition CP/1150/IB/2018 can be dismissed as withdrawn based on the operational …

**Ratio:** A party has the right to withdraw a petition, especially when seeking to pursue other

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**Reasoning:** The court acknowledged the operational creditor's request for withdrawal, indicating a

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**Interpretation:** The interpretation is that the court respects the petitioner's decision to

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**Application:** The operational creditor's request was applied to the specific facts of the

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## Parties

- **Judges:** B.S.V. Prakash…; S. VIJAYARA…
- **Appellants:** RADHASOAMI…
- **Respondents:** 8K MILE SOFTWARE…

## Timeline

- **2019-02-20 — Hearing…**: Hearing held at 10:30 AM at Chennai…
- **N/A — Petition…**: Company Petition…

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