# In the matter of Chaubey Realties Pvt. Ltd. T.C.P No. 445-(MAH)-2017

> NCLT judgment dated 2017-11-21. Citation: TCN-2017-NCLT-00168. The document pertains to a case before the National Company Law Tribunal (NCLT), Mumbai Bench.…

- **Court:** NCLT
- **Order date:** 21 Nov 2017
- **Citation:** TCN-2017-NCLT-00168
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/chaubey-realties-pvt-ltd-tcp-no-445-mah-2017-084bcdce

## Summary

### Background

The document pertains to a case before the National Company Law Tribunal (NCLT), Mumbai Bench. The case is identified as T.C.P No. 445/(MAH)/2017. The hearing took place on November 21, 2017. The parties involved are Sanjeev Gupta as the petitioner and Chaubey Realties Pvt. Ltd. as the respondent. The case is related to the I & BP Code 2016.

## Facts

The case involves Sanjeev Gupta as the petitioner and Chaubey Realties Pvt. Ltd. as the respondent. The petitioner filed a withdrawal memo. The National Company Law Tribunal (NCLT), Mumbai Bench, dismissed the company petition based on the withdrawal memo filed by the petitioner. The case is related to the I & BP Code 2016. M.G. Agre appeared as Advocate for the Petitioner, and Vizenaba Pandey appeared as Advocate for the Company.

## Issues and analysis

### Issue 1: Whether the Company Petition can be dismissed as withdrawn based on the withdrawal memo filed by …

**Ratio:** A company petition can be dismissed if the petitioner files a withdrawal memo indicating

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**Reasoning:** The NCLT accepted the withdrawal memo filed by the petitioner and, based on this,

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**Interpretation:** The interpretation is that the tribunal has the power to dismiss a petition

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**Application:** In this specific case, the petitioner, Sanjeev Gupta, filed a withdrawal memo.

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## Parties

- **Judges:** B.S.V. Prakash…; V. Nallasen…
- **Appellants:** Sanjeev…
- **Respondents:** Chaubey Realties…
- **Advocates:** M. G.…; Vizenaba…

## Timeline

- **2017-11-21 — Hearing…**: The hearing of the Mumbai Bench of the National Company Law Tribunal took place on…
- **N/A — Withdrawal Me…**: The Petitioner filed a…

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This is a preview. The full structured summary, issues, precedents and source judgment are available on CaseEase - Legal Intelligence Simplified: https://caseease.in/cases/ibc/nclt-chandigarh/chaubey-realties-pvt-ltd-tcp-no-445-mah-2017-084bcdce