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

> NCLT judgment dated 2020-03-12. Citation: TCN-2020-NCLT-01592. 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-01592
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/hindustan-construction-company-limited-cp-ib-4148mb-2019-aad1e8d3

## 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 Nasibunsinha Construction as the petitioner and Hindustan Construction Company Limited as the respondent. The petition was filed under Section 9 of the Insolvency and Bankruptcy Code, 2016. The petitioner's counsel requested the withdrawal of the petition. The court, after hearing both sides, dismissed the petition as not pressed, indicating that the petitioner did not wish to pursue the matter further.

## Issues and analysis

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

**Ratio:** A petitioner has the right to withdraw a petition if they no longer wish to pursue it,

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**Reasoning:** The court considered the petitioner's request for withdrawal and the fact that both

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**Interpretation:** The interpretation is that a petitioner's request for withdrawal is generally

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**Application:** In this case, the petitioner requested withdrawal, and the court found no

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## Parties

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

## Timeline

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

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