# In the matter of Fortune Mix India P. Ltd. CP-1459-IB-2018

> NCLT judgment dated 2019-01-30. Citation: TCN-2019-NCLT-05102. The case pertains to a Company Petition filed under CP/1459/IB/2018. An operational creditor…

- **Court:** NCLT
- **Order date:** 30 Jan 2019
- **Citation:** TCN-2019-NCLT-05102
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/fortune-mix-india-p-ltd-cp-1459-ib-2018-5823bb32

## Summary

### Background

The case pertains to a Company Petition filed under CP/1459/IB/2018. An operational creditor filed a withdrawal memo.

## Facts

The key fact is that the Operational Creditor filed a withdrawal memo for the Company Petition CP/1459/IB/2018. This led to the dismissal of the petition. The withdrawal memo is the central fact influencing the court's decision.

## Issues and analysis

### Issue 1: Whether the Company Petition CP/1459/IB/2018 should be dismissed based on the withdrawal memo filed …

**Ratio:** The legal principle applied is that a petitioner has the right to withdraw a petition,

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**Reasoning:** The court reasoned that since the operational creditor filed a withdrawal memo, the

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**Interpretation:** The interpretation is that the court respects the petitioner's decision to

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

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## Parties

- **Judges:** B.S.V. Prakash…; S. VIJAYARA…
- **Respondents:** THRIVENI EARTH…; FORTUNE MIX INIDA…

## Timeline

- **2019-01-30 — Hearing…**: Hearing held at 10:30…
- **N/A — Withdrawal Me…**: Operational Creditor…

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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/fortune-mix-india-p-ltd-cp-1459-ib-2018-5823bb32