# In the matter of AGFA Healthcare India Pvt. Ltd. C.P. No. 1136-(MAH)-2017

> NCLT judgment dated 2017-11-08. Citation: TCN-2017-NCLT-00231. The case involves a petition filed under the Insolvency and Bankruptcy Code, 2016. The…

- **Court:** NCLT
- **Order date:** 8 Nov 2017
- **Citation:** TCN-2017-NCLT-00231
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/agfa-healthcare-india-pvt-ltd-cp-no-1136-mah-2017-c04b92e9

## Summary

### Background

The case involves a petition filed under the Insolvency and Bankruptcy Code, 2016. The petitioner sought to withdraw the application, citing an inadvertent failure to serve the statutory notice under Section 8 of the IBC upon the corporate debtor before filing the application. The respondent's advocate stated that liberty could be granted to file a fresh application if the law permits.

## Facts

The petitioner, MIS Healthcare Pvt. Ltd, filed a petition against the respondent, AGFA Healthcare India Pvt.Ltd., under the Insolvency and Bankruptcy Code, 2016. The petitioner inadvertently failed to serve the statutory notice under Section 8 of the IBC upon the corporate debtor before filing the application. Consequently, the petitioner sought to withdraw the application to rectify this procedural error. The respondent's advocate stated that liberty could be granted to file a fresh application, if Law permits. The court considered the petitioner's request and the respondent's statement before deciding to allow the withdrawal with the liberty to file a fresh application if permitted under the provisions of the Insolvency Code.

## Issues and analysis

### Issue 1: Whether the petitioner should be allowed to withdraw the application due to the failure to serve …

**Ratio:** The principle is that a party can withdraw an application if there is a valid reason,

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**Reasoning:** The court reasoned that the petitioner's failure to serve the statutory notice under

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**Interpretation:** Section 8 of the IBC mandates the service of a statutory notice to the

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**Application:** In this case, the petitioner's admission of not serving the statutory notice

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## Parties

- **Judges:** M.K. Sh…; Bhaskara Pantula…
- **Appellants:** MIS Healthcare…
- **Respondents:** AGFA Healthcare…

## Timeline

- **2017-11-08 — Order Da…**: The National Company Law Tribunal (NCLT) allowed the withdrawal of the petition with…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 8 — Insolvency resolution by operational creditor](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-8)

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