# In the matter of Alok Infrastructure Ltd. T.C.P. No. 439-(MAH)-2017

> NCLT judgment dated 2017-08-22. Citation: TCN-2017-NCLT-00555. The case pertains to T.C.P No.439/(MAH)/2017 before the National Company Law Tribunal (NCLT),…

- **Court:** NCLT
- **Order date:** 22 Aug 2017
- **Citation:** TCN-2017-NCLT-00555
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/alok-infrastructure-ltd-tcp-no-439-mah-2017-6c6d9d25

## Summary

### Background

The case pertains to T.C.P No.439/(MAH)/2017 before the National Company Law Tribunal (NCLT), Mumbai Bench. The matter involves Peninsula Land Ltd. versus Alok Infrastructure Ltd. The case was listed for hearing on August 22, 2017.

## Facts

Peninsula Land Ltd. filed a petition against Alok Infrastructure Ltd. under the I & BP Code 2016. During the hearing on August 22, 2017, the learned representative for the petitioner stated that the petitioner wished to withdraw the petition. An application for withdrawal, duly signed and dated August 22, 2017, was submitted, along with an email directing the withdrawal with liberty to file a fresh application. The petitioner's decision to withdraw was suo motu. The relevance of the withdrawal lies in the petitioner's intention to potentially refile the petition later.

## Issues and analysis

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

**Ratio:** A petitioner has the right to withdraw a petition, especially if it is done voluntarily

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**Reasoning:** The court considered the statement of the learned representative and the application for

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**Interpretation:** The right to withdraw a petition is interpreted as a procedural aspect,

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**Application:** The petitioner's voluntary withdrawal, supported by the application and email,

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## Parties

- **Judges:** M.K. Sh…; Bhaskara Pantula…
- **Appellants:** Peninsula Land…
- **Respondents:** Alok Infrastructur…

## Timeline

- **2017-08-22 — Hearing…**: Hearing of the case before the Mumbai Bench…
- **2017-08-22 — Withdrawal App…**: Learned Representative placed on record an…

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