# In the matter of APU Hire Purchase Ltd. TCP-394-(IB)-2017

> NCLT judgment dated 2019-01-30. Citation: TCN-2019-NCLT-05108. The case pertains to a Company Petition filed under Section 433 (e)(f). The petitioner sought…

- **Court:** NCLT
- **Order date:** 30 Jan 2019
- **Citation:** TCN-2019-NCLT-05108
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/apu-hire-purchase-ltd-tcp-394-ib-2017-b56368d3

## Summary

### Background

The case pertains to a Company Petition filed under Section 433 (e)(f). The petitioner sought to withdraw the petition.

## Facts

The Registrar of Companies filed a Company Petition against APU Hire Purchase LTD. The petitioner's counsel requested a withdrawal of the Company Petition. The court then dismissed the petition as withdrawn, granting the petitioner the liberty to proceed in accordance with the law.

## Issues and analysis

### Issue 1: Whether the petitioner can …

**Ratio:** A petitioner has the right to withdraw a Company Petition, subject to the court's

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**Reasoning:** The court allowed the withdrawal based on the petitioner's request, indicating that the

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**Interpretation:** The right to withdraw a petition is generally recognized, allowing parties to

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**Application:** The petitioner's request was granted, and the petition was dismissed as

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## Parties

- **Judges:** B.S.V. Prakash…; S. VIJAYARA…
- **Appellants:** Registrar of…
- **Respondents:** APU HIRE PURCHASE…

## Timeline

- **2019-02-06 — Hearing…**: Hearing of Chennai…
- **N/A — Petition Wit…**: Petitioner counsel requested…

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