# In the matter of Arohi Infrastructure Pvt. Ltd. MA-159-19 in CP-672-IB-2017

> NCLT judgment dated 2019-04-24. Citation: TCN-2019-NCLT-03725. The case involves an application MA/159/19 in CP/672/IB/2018 before the National Company Law…

- **Court:** NCLT
- **Order date:** 24 Apr 2019
- **Citation:** TCN-2019-NCLT-03725
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/arohi-infrastructure-pvt-ltd-ma-159-19-in-cp-672-ib-2017-a2ef9c1e

## Summary

### Background

The case involves an application MA/159/19 in CP/672/IB/2018 before the National Company Law Tribunal (NCLT), Chennai Bench. The application was filed in relation to a Corporate Insolvency Resolution Process (CIRP) under Section 66 of the Insolvency and Bankruptcy Code (IBC).

## Facts

The key facts are that an application, MA/159/19, was filed in connection with CP/672/IB/2018 before the NCLT Chennai. The petitioner is S. Rajendran-RP [Arohi Infrastructure (P)]. The respondent is MARG LTD. & 40 others. The application was filed under Section 66 of the IBC. The Operational Creditor's counsel filed a withdrawal memo. Consequently, the NCLT dismissed the application MA/159/2019 as withdrawn. The relevance of these facts lies in the procedural aspect of the case, where a withdrawal by the applicant led to the dismissal of the application.

## Issues and analysis

### Issue 1: Whether the NCLT was correct in dismissing MA/159/2019 as withdrawn based on the withdrawal memo …

**Ratio:** The legal principle applied is that an applicant has the right to withdraw an

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**Reasoning:** The court reasoned that since the Operational Creditor's counsel filed a withdrawal memo,

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**Interpretation:** The interpretation is that the court acknowledges the applicant's prerogative

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**Application:** In this specific case, the Operational Creditor's counsel's filing of the

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## Parties

- **Judges:** B.S.V. Prakash…
- **Appellants:** S. RAJEND…
- **Respondents:** Arohi Infrastructu…; Marg…

## Timeline

- **2018-01-01 — Petition…**: CP/672/18/2018 was…
- **2019-04-24 — Hearing…**: Hearing held at 10.30…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 66 — Fraudulent trading or wrongful trading](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-66)

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