# In the matter of Govind Rubber Ltd. CP(IB)-1425(MB)-2019

> NCLT judgment dated 2019-08-01. Citation: TCN-2019-NCLT-02153. The petitioner sought to withdraw the present petition as the corporate debtor is already…

- **Court:** NCLT
- **Order date:** 1 Aug 2019
- **Citation:** TCN-2019-NCLT-02153
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/govind-rubber-ltd-cpib-1425mb-2019-b14350ec

## Summary

### Background

The petitioner sought to withdraw the present petition as the corporate debtor is already undergoing CIRP (Corporate Insolvency Resolution Process).

## Facts

The petitioner filed a petition against the corporate debtor. The petitioner's counsel submitted that the corporate debtor is already undergoing CIRP. Therefore, the petitioner wished to withdraw the present petition and file its claim with the IRP/RP. The court dismissed the petition as withdrawn, granting the petitioner the liberty to lodge its claim with the IRP/RP already appointed for the corporate debtor. The case was heard by the Mumbai Bench of the National Company Law Tribunal on August 1, 2019.

## Issues and analysis

### Issue 1: Whether the petitioner should be allowed to withdraw the petition given that the corporate debtor …

**Ratio:** A petitioner may be allowed to withdraw a petition if the corporate debtor is already

…

**Reasoning:** The court accepted the petitioner's submission that the corporate debtor was already

…

**Interpretation:** This implies that the court prioritizes the ongoing CIRP process and avoids

…

**Application:** Since the corporate debtor was already undergoing CIRP, the court allowed the

…

## Parties

- **Judges:** Rajasekha…; RavikumarDu…
- **Appellants:** Ram Charan…
- **Respondents:** Govind Rubb…

## Timeline

- **2019-08-01 — Hearing…**: Hearing of the Mumbai Bench of the…

## 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)

---

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/govind-rubber-ltd-cpib-1425mb-2019-b14350ec