# 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-00232. 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-00232
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/jablonec-beads-india-pvt-ltd-cp-no-ib495-ald-2019-780d9ca4

## 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

The case CP No.(IB)495/ALD/2019 was presented before the National Company Law Tribunal, Allahabad Bench. The hearing took place on December 8th, 2021, at 2:30 PM. The case involves M/S Prem Brothers (Regd) as the operational creditor and M/S Jablonec Beads India Pvt Ltd as the corporate debtor. The case was filed under Section 9 of the IBC. During the hearing, the counsel for the operational creditor requested the dismissal of the case. This request was granted, and the case was dismissed as withdrawn.

## Issues and analysis

### Issue 1: Whether CP No.(IB)495/ALD/2019 should be dismissed as withdrawn based on the request of the …

**Ratio:** A case can be dismissed as withdrawn if the party that initiated the case requests such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 granted the request of the operational creditor's counsel to dismiss the case

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**Interpretation:** This legal issue concerns the procedural aspect of withdrawing a case filed

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**Application:** In this specific instance, the ratio and reasoning were applied directly to the

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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…
- **2021-12-08 — Case Dism…**: CP No.(IB)495/ALD/2019 dismissed as withdrawn at the request of the Operational…

## 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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