# In the matter of IOT Anwesha Engineering and Construction Ltd. C.P. (IB) No. 413-9-NCLT-AHM-2018

> NCLT judgment dated 2019-03-01. Citation: TCN-2019-NCLT-04630. The case pertains to C.P. (I.B) No. 413/9/NCLT/AHM/2018 before the National Company Law…

- **Court:** NCLT
- **Order date:** 1 Mar 2019
- **Citation:** TCN-2019-NCLT-04630
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/iot-anwesha-engineering-and-construction-ltd-cp-ib-no-413-9-nclt-ahm-2018-73bf85ed

## Summary

### Background

The case pertains to C.P. (I.B) No. 413/9/NCLT/AHM/2018 before the National Company Law Tribunal (NCLT), Ahmedabad Bench. The case involves Albis Constructions Pvt. Ltd. as the applicant against IOT Anwesha Engineering and Construction Ltd. The petitioner sought to withdraw the instant petition.

## Facts

Albis Constructions Pvt. Ltd. filed an insolvency petition against IOT Anwesha Engineering and Construction Ltd. under Section 9 of the Insolvency and Bankruptcy Code. The petitioner, Albis Constructions Pvt. Ltd., subsequently sought to withdraw the petition. The petitioner was represented by learned PCS. The court granted permission for the withdrawal, and the petition was dismissed as withdrawn.

## Issues and analysis

### Issue 1: Whether the petitioner should be granted permission to withdraw the insolvency petition filed under …

**Ratio:** The legal principle applied is the court's discretion to allow the withdrawal of a

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**Reasoning:** The court reasoned that the petitioner, represented by their learned PCS, had filed a

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**Interpretation:** The interpretation involves the court's power to manage its proceedings and

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**Application:** The court applied the ratio to the specific facts by considering the

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## Parties

- **Judges:** Harihar Prakash…; Manorama…
- **Appellants:** Albis Construction…
- **Respondents:** IOT Anwesha…

## Timeline

- **2019-03-01 — Hearing of Ahmedabad…**: Hearing of the Ahmedabad Bench of…
- **2018-01-01 — Filing of CP(IB)…**: CP(IB) 413/2018 was filed (year…

## 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)

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