# In the matter of Gkar Radiance Pvt. Ltd. CP-1463-IB-2018

> NCLT judgment dated 2019-06-18. Citation: TCN-2019-NCLT-02850. The document is an order sheet from the National Company Law Tribunal (NCLT), Chennai,…

- **Court:** NCLT
- **Order date:** 18 Jun 2019
- **Citation:** TCN-2019-NCLT-02850
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/gkar-radiance-pvt-ltd-cp-1463-ib-2018-09c07a5b

## Summary

### Background

The document is an order sheet from the National Company Law Tribunal (NCLT), Chennai, regarding CP/1463/IB/2018. The matter was heard on June 18, 2019. The application was filed by FOMRA ELECTRICALS against GKAR RADIANCE PVT LTD under Section 9 Rule 6.

## Facts

FOMRA ELECTRICALS filed an application (CP/1463/IB/2018) against GKAR RADIANCE PVT LTD under Section 9 Rule 6. The Operational Creditor (FOMRA ELECTRICALS) subsequently filed a Withdrawal Memo. The NCLT, Chennai, heard the matter on June 18, 2019, and dismissed the application as withdrawn.

## Issues and analysis

### Issue 1: Whether the application CP/1463/IB/2018 should be dismissed as withdrawn based on the Withdrawal …

**Ratio:** An application can be dismissed as withdrawn

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**Reasoning:** The NCLT dismissed the application CP/1463/IB/2018 because the Operational Creditor, who

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**Interpretation:** The legal principle is that a party who initiates a legal proceeding has the

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**Application:** In this case, the Operational Creditor, FOMRA ELECTRICALS, filed a Withdrawal

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## Parties

- **Judges:** B.S.V. Prakash…; S. VIJAYARA…
- **Appellants:** Fomra Elect…
- **Respondents:** GKAR RADIANCE PVT…

## Timeline

- **2018-01-01 — Application…**: CP/1463/IB/2018 filed by FOMRA…
- **2019-06-18 — Hearing…**: Hearing held at NCLT…

## 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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