# In the matter of Hindustan Construction Company Limited C.P. (IB) 4148(MB)-2019

> NCLT judgment dated 2020-03-12. Citation: TCN-2020-NCLT-01588. The case pertains to a Company Petition filed under Section 9 of the Insolvency and Bankruptcy…

- **Court:** NCLT
- **Order date:** 12 Mar 2020
- **Citation:** TCN-2020-NCLT-01588
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/hindustan-construction-company-limited-cp-ib-4148mb-2019-956055b0

## Summary

### Background

The case pertains to a Company Petition filed under Section 9 of the Insolvency and Bankruptcy Code, 2016. The petitioner sought to withdraw the Company Petition.

## Facts

The case involves a petition filed under Section 9 of the Insolvency and Bankruptcy Code, 2016. The petitioner, Nasibunsinha Construction, sought to withdraw the petition filed against Hindustan Construction Company Limited. Both sides were present during the hearing. The counsel representing the petitioner requested the withdrawal of the Company Petition, leading to the court dismissing the petition as not pressed. The key fact is the petitioner's request for withdrawal, which resulted in the dismissal of the case.

## Issues and analysis

### Issue 1: Whether the petitioner's request for withdrawal …

**Ratio:** A petitioner has the right to withdraw a petition filed before a court or tribunal,

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**Reasoning:** The court considered the petitioner's request for withdrawal and found no impediment to

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**Interpretation:** The interpretation involves understanding the petitioner's right to withdraw a

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**Application:** In this case, the petitioner sought to withdraw the Company Petition, and the

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## Parties

- **Judges:** Bhaskara Pantula…; V. Nallasen…
- **Appellants:** Nasibunsinha…
- **Respondents:** Hindustan…

## Timeline

- **2020-03-12 — Hearing…**: Order sheet of the hearing of Mumbai Bench…

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