# In the matter of Gupta Corporation Pvt. Ltd. CP (IB) 67-(MB)-2017

> NCLT judgment dated 2019-03-26. Citation: TCN-2019-NCLT-04335. The case pertains to MA 208/2019 filed in CP (IB)-67/MB/2017. The Resolution Professional (RP)…

- **Court:** NCLT
- **Order date:** 26 Mar 2019
- **Citation:** TCN-2019-NCLT-04335
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/gupta-corporation-pvt-ltd-cp-ib-67-mb-2017-1b3ec2c5

## Summary

### Background

The case pertains to MA 208/2019 filed in CP (IB)-67/MB/2017. The Resolution Professional (RP) submitted that MA 208/2019 was filed for issuing direction for payment of legal expenses. The RP further submitted that he has received the legal expenses and wants to withdraw the MA 208/2019.

## Facts

The Resolution Professional (RP) filed MA 208/2019 seeking direction for payment of legal expenses. Subsequently, the RP received the legal expenses. Consequently, the RP requested the court to allow the withdrawal of MA 208/2019. The relevance of these facts is that the initial application became unnecessary after the legal expenses were paid, leading to its withdrawal.

## Issues and analysis

### Issue 1: Whether the application MA 208/2019 can be dismissed as withdrawn based on the Resolution …

**Ratio:** An application can be dismissed as withdrawn when the applicant no longer wishes to

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**Reasoning:** The court reasoned that since the RP had received the legal expenses, the purpose of

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**Interpretation:** This legal issue involves the interpretation of procedural law regarding the

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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:** V. P. S…; Ravikumar…; +1 more
- **Appellants:** Reliance Commercia…
- **Respondents:** Gupta Corporation…

## Timeline

- **2017-01-01 — CP.(IB) 67/(MB)/2017…**: The initial Corporate Insolvency Resolution Process (CIRP) application CP.(IB)…
- **2019-01-01 — MA 208/2019…**: MA 208/2019 was filed for issuing…

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