# In the matter of Golden Engineering Technologies Pvt. Ltd. CP-1290-IB-2018

> NCLT judgment dated 2019-02-19. Citation: TCN-2019-NCLT-04779. The case pertains to CP/1290/IB/2018 filed before the National Company Law Tribunal (NCLT),…

- **Court:** NCLT
- **Order date:** 19 Feb 2019
- **Citation:** TCN-2019-NCLT-04779
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/golden-engineering-technologies-pvt-ltd-cp-1290-ib-2018-66bcb455

## Summary

### Background

The case pertains to CP/1290/IB/2018 filed before the National Company Law Tribunal (NCLT), Chennai Bench. The matter was initiated by Insulations India Engineeriong Pvt Ltd against Golden Engineering Technologies Pvt Ltd.

## Facts

Insulations India Engineeriong Pvt Ltd initiated a case (CP/1290/IB/2018) against Golden Engineering Technologies Pvt Ltd. The case was filed under Section 9 Rule 6. Subsequently, the Operational Creditor, Insulations India Engineeriong Pvt Ltd, filed a withdrawal memo. Based on this memo, the NCLT dismissed the case as withdrawn.

## Issues and analysis

### Issue 1: Whether the application CP/1290/IB/2018 can be dismissed as withdrawn based on the withdrawal memo …

**Ratio:** The legal principle applied here is that a party can withdraw a case it has filed, and

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**Reasoning:** The court reasoned that since the Operational Creditor filed a withdrawal memo, it is

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**Interpretation:** This reflects the standard legal practice where a party is allowed to withdraw

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**Application:** In this specific case, the Operational Creditor, Insulations India Engineeriong

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## Parties

- **Judges:** B.S.V. Prakash…; S. VIJAYARA…
- **Appellants:** INSULATIONS INDIA…
- **Respondents:** GOLDEN ENGINEERING…

## Timeline

- **2019-02-19 — Hearing…**: Hearing held at 10.30…
- **2018-01-01 — Case Fil…**: CP/1290/IB/2018 filed by Insulations India Engineeriong Pvt Ltd against Golden…

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