# In the matter of Jaypee Healthcare Ltd. CP No. (IB) 53-ALD-2021

> NCLT judgment dated 2022-01-06. Citation: TCN-2022-NCLT-04530. This case involves CP No.(IB)53/ALD/2021 before the National Company Law Tribunal (NCLT),…

- **Court:** NCLT
- **Order date:** 6 Jan 2022
- **Citation:** TCN-2022-NCLT-04530
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/jaypee-healthcare-ltd-cp-no-ib-53-ald-2021-404682a2

## Summary

### Background

This case involves CP No.(IB)53/ALD/2021 before the National Company Law Tribunal (NCLT), Allahabad Bench. The Operational Creditor sought to withdraw the petition.

## Facts

The key fact is that the authorized representative of the operational creditor sought to withdraw CP No.(IB)53/ALD/2021. The case was before the NCLT Allahabad bench. The operational creditor was granted liberty to approach the tribunal again if no settlement is arrived at between the parties. The case involves Novacare Solutions Pvt Ltd V/S Jaypee Healthcare Ltd.

## Issues and analysis

### Issue 1: Whether the Operational Creditor should be …

**Ratio:** The principle is that a party can withdraw a petition with the leave of the court,

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**Reasoning:** The court reasoned that allowing the withdrawal would not prejudice any other party, and

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**Interpretation:** This issue involves the interpretation of the procedural rules governing the

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**Application:** The ratio and reasoning were applied to the specific facts of the case, where

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## Parties

- **Judges:** Rajasekha…; SH. AVINASH KUMAR…
- **Respondents:** Jaypee Healthcare…

## Timeline

- **2022-01-06 — Hearing…**: Attendance-cum-order sheet of the…

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This is a preview. The full structured summary, issues, precedents and source judgment are available on CaseEase - Legal Intelligence Simplified: https://caseease.in/cases/ibc/nclt-chandigarh/jaypee-healthcare-ltd-cp-no-ib-53-ald-2021-404682a2
