# In the matter of Crest Logistics and Engineers Pvt. Ltd. C.P. No. 1277-(MAH)-2017

> NCLT judgment dated 2017-09-04. Citation: TCN-2017-NCLT-00486. The document is an order sheet from the National Company Law Tribunal (NCLT), Mumbai Bench,…

- **Court:** NCLT
- **Order date:** 4 Sept 2017
- **Citation:** TCN-2017-NCLT-00486
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/crest-logistics-and-engineers-pvt-ltd-cp-no-1277-mah-2017-5b745256

## Summary

### Background

The document is an order sheet from the National Company Law Tribunal (NCLT), Mumbai Bench, regarding C.P. No. 1277/(MAH)/2017. The hearing took place on September 4, 2017. The case involves International Road Dynamics South Asia Pvt. Ltd. versus Crest Logistics and Engineers Pvt. Ltd. The order pertains to a petition that was dismissed as withdrawn with liberty following a withdrawal memo filed by the Petitioner's Counsel. The counsel for the petitioner and the corporate debtor were present.

## Facts

The National Company Law Tribunal (NCLT), Mumbai Bench, heard a case (C.P. No. 1277/(MAH)/2017) between International Road Dynamics South Asia Pvt. Ltd. and Crest Logistics and Engineers Pvt. Ltd. on September 4, 2017. The Petitioner's Counsel filed a withdrawal memo, leading to the dismissal of the petition. The dismissal was granted with liberty, meaning the petitioner can refile the petition later. The counsel for the petitioner and the corporate debtor were present during the hearing. The case falls under the purview of the Companies Act and the I&BP Code 2016.

## Issues and analysis

### Issue 1: Whether the petition should be dismissed based on the withdrawal memo filed by the Petitioner's …

**Ratio:** A petitioner has the right to withdraw a petition, and the court typically grants such a

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**Reasoning:** The court accepted the withdrawal memo filed by the Petitioner's Counsel as a valid

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**Interpretation:** The legal principle is that a party can voluntarily withdraw a case they

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**Application:** In this case, the Petitioner's Counsel filed a withdrawal memo, indicating a

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## Parties

- **Judges:** B.S.V. Prakash…; V. Nallasen…
- **Appellants:** International…
- **Respondents:** Crest Logistics…
- **Advocates:** DARIUS KA…; Joydip Bhattachary…; +1 more

## Timeline

- **2017-09-04 — Hearing…**: Hearing of the Mumbai Bench of the…
- **N/A — Petition Wit…**: Petitioner's Counsel…

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