# In the matter of ETA Engineering Pvt. Ltd. CP-653- (IB)-2018

> NCLT judgment dated 2019-06-28. Citation: TCN-2019-NCLT-02741. The Operational Creditor filed a petition against the Corporate Debtor. The Operational…

- **Court:** NCLT
- **Order date:** 28 Jun 2019
- **Citation:** TCN-2019-NCLT-02741
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/eta-engineering-pvt-ltd-cp-653-ib-2018-8f16c3d5

## Summary

### Background

The Operational Creditor filed a petition against the Corporate Debtor. The Operational Creditor, through its Counsel, filed a memo to withdraw the Petition without prejudice to its legal rights and liberty to proceed against the Corporate Debtor in accordance with law.

## Facts

The Operational Creditor initiated a petition against the Corporate Debtor. Subsequently, the Operational Creditor filed a memo seeking to withdraw the petition. The reason for the withdrawal is not explicitly stated, but it is done without prejudice to the Operational Creditor's legal rights to pursue action against the Corporate Debtor in the future. The court acknowledged the withdrawal request and dismissed the petition.

## Issues and analysis

### Issue 1: Whether the court should allow the Operational Creditor to withdraw the petition without prejudice …

**Ratio:** A party has the right to withdraw a petition, and the court can allow such withdrawal

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**Reasoning:** The court reasoned that allowing the withdrawal would not prejudice the Operational

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**Interpretation:** The interpretation is that the court recognizes the Operational Creditor's

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**Application:** The ratio and reasoning were applied to the specific facts of the case, where

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## Parties

- **Judges:** Ch. Mohd Sharief…
- **Appellants:** ADVANCE VALVES…
- **Respondents:** ETA Engineering…

## Timeline

- **2019-06-28 — Hearing…**: Hearing held at 10.30…
- **N/A — Petition Wit…**: Operational Creditor filed a memo to…

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