# In the matter of Jablonec Beads India Pvt. Ltd. CP No. (IB)495-ALD-2019

> NCLT judgment dated 2021-12-08. Citation: TCN-2021-NCLT-00227. CP No.(IB)495/ALD/2019 was filed before the National Company Law Tribunal, Allahabad Bench. The…

- **Court:** NCLT
- **Order date:** 8 Dec 2021
- **Citation:** TCN-2021-NCLT-00227
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/jablonec-beads-india-pvt-ltd-cp-no-ib495-ald-2019-5205be94

## Summary

### Background

CP No.(IB)495/ALD/2019 was filed before the National Company Law Tribunal, Allahabad Bench. The hearing was held on December 8th, 2021. The case involves M/S Prem Brothers (Regd) V/S M/S Jablonec Beads India Pvt Ltd.

## Facts

CP No.(IB)495/ALD/2019 was filed before the NCLT Allahabad Bench. The case involves M/S Prem Brothers (Regd) as the operational creditor and M/S Jablonec Beads India Pvt Ltd as the corporate debtor. During the hearing on December 8th, 2021, the counsel for the operational creditor requested the dismissal of the case. The tribunal then dismissed the case as withdrawn.

## Issues and analysis

### Issue 1: Whether the CP No.(IB)495/ALD/2019 can be dismissed as withdrawn based on the request of the …

**Ratio:** A case can be dismissed as withdrawn if the party that initiated the case requests such

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**Reasoning:** The court accepted the request of the operational creditor's counsel to dismiss the case.

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**Interpretation:** This aligns with the general principle that a party has the right to withdraw a

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**Application:** In this specific instance, the operational creditor, M/S Prem Brothers (Regd),

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## Parties

- **Judges:** Rajasekha…; Virendra Kumar…
- **Appellants:** M/S Prem Brothers…
- **Respondents:** M/S JABLONEC…

## Timeline

- **2021-12-08 — Hearing…**: Hearing held on December…
- **2019-01-01 — CP Filed…**: CP No.(IB)495/ALD/2019…

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