# In the matter of Baid Industries Pvt. Ltd. C.P. (IB) No. 478-9-NCLT-AHM-2018

> NCLT judgment dated 2019-04-01. Citation: TCN-2019-NCLT-04218. C.P. (I.B) No. 478/9/NCLT/AHM/2018 was heard by the Ahmedabad Bench of the National Company Law…

- **Court:** NCLT
- **Order date:** 1 Apr 2019
- **Citation:** TCN-2019-NCLT-04218
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/baid-industries-pvt-ltd-cp-ib-no-478-9-nclt-ahm-2018-1056e6c5

## Summary

### Background

C.P. (I.B) No. 478/9/NCLT/AHM/2018 was heard by the Ahmedabad Bench of the National Company Law Tribunal on April 1, 2019. The case involves Witmans Industries Pvt. Ltd. V/s. Baid Industries Pvt. Ltd. The applicant filed a petition under Section 9 of the Insolvency and Bankruptcy Code.

## Facts

The case involves Witmans Industries Pvt. Ltd. as the applicant and Baid Industries Pvt. Ltd. as the respondent. The applicant filed a petition, and subsequently, the learned lawyer appearing on behalf of the petitioner filed a pursis to withdraw the instant petition. The court granted permission for the withdrawal, leading to the dismissal of CP(IB) 478/2018 as withdrawn. The case was heard by the Ahmedabad Bench of the National Company Law Tribunal on April 1, 2019.

## Issues and analysis

### Issue 1: Whether the court should grant permission to withdraw …

**Ratio:** The court has the discretion to grant or deny permission to withdraw a petition based on

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**Reasoning:** The court considered the request made by the learned lawyer appearing on behalf of the

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**Interpretation:** The interpretation of the law allows the petitioner to withdraw a petition if

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**Application:** In this case, the court applied the principle of allowing withdrawal of a

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## Parties

- **Judges:** Manorama…
- **Appellants:** Witmans Industries…
- **Respondents:** Baid Industries…

## Timeline

- **2019-04-01 — Hearing of Ahmedabad…**: Hearing of Ahmedabad Bench of the…
- **2019-04-01 — Order Da…**: CP(IB) 478/2018 is…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 9 — Application for initiation of corporate insolvency…](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-9)

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