# In the matter of A R Coating Solutions India Pvt.  Ltd. C.P. No. 1281-(MAH)-2017

> NCLT judgment dated 2017-09-04. Citation: TCN-2017-NCLT-00481. The document pertains to a case before the National Company Law Tribunal (NCLT), Mumbai Bench,…

- **Court:** NCLT
- **Order date:** 4 Sept 2017
- **Citation:** TCN-2017-NCLT-00481
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/a-r-coating-solutions-india-pvt-ltd-cp-no-1281-mah-2017-792aa5c6

## Summary

### Background

The document pertains to a case before the National Company Law Tribunal (NCLT), Mumbai Bench, concerning a company petition. The attendance-cum-order sheet indicates a hearing on September 4, 2017. Jai Ambe Enterprise is listed as the petitioner against A R Coating Solutions India Pvt. Ltd. The case is related to the Companies Act and the Insolvency and Bankruptcy Code (I&BP Code) of 2016.

## Facts

The key facts are as follows: A company petition was filed by Jai Ambe Enterprise against A R Coating Solutions India Pvt. Ltd. before the NCLT Mumbai Bench. The case was heard on September 4, 2017. The petitioner, through their professional representative, filed a memo seeking withdrawal of the petition. The court allowed the withdrawal and dismissed the petition, granting the petitioner the liberty to file a fresh petition. This indicates a potential change in circumstances or strategy on the part of the petitioner, leading to the withdrawal of the initial petition. The relevance of these facts lies in the procedural aspect of insolvency proceedings, where withdrawal and refiling are permitted under certain conditions.

## Issues and analysis

### Issue 1: Whether the petitioner should be granted the …

**Ratio:** The legal principle applied here is the court's discretion to allow the withdrawal of a

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**Reasoning:** The court's reasoning is based on the petitioner's request for withdrawal, which suggests

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**Interpretation:** The interpretation of the law here involves understanding the procedural rules

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**Application:** In this specific case, the ratio and reasoning are applied to the facts by

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## Parties

- **Judges:** B.S.V. Prakash…; V. Nallasen…
- **Appellants:** Jai Ambe Enterpris…
- **Respondents:** A R Coating…
- **Advocates:** CMA Ankita…

## Timeline

- **2017-09-04 — Hearing…**: Hearing of the Mumbai Bench of the…
- **N/A — Memo of Withdra…**: The professional appearing for the…

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