# In the matter of Kumar Builders Mumbai Realty Pvt. Ltd. C.P. No. 1364-(MAH)-2017

> NCLT judgment dated 2017-10-16. Citation: TCN-2017-NCLT-00282. The document is an attendance-cum-order sheet from the National Company Law Tribunal (NCLT),…

- **Court:** NCLT
- **Order date:** 16 Oct 2017
- **Citation:** TCN-2017-NCLT-00282
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/kumar-builders-mumbai-realty-pvt-ltd-cp-no-1364-mah-2017-998c8295

## Summary

### Background

The document is an attendance-cum-order sheet from the National Company Law Tribunal (NCLT), Mumbai Bench, concerning a case between Parag Prakash Navale and Kumar Builders Mumbai Realty Pvt. Ltd. The hearing took place on October 16, 2017. The case involves matters related to the Companies Act and the Insolvency and Bankruptcy Code (I&BP Code) of 2016.

## Facts

The case involves Parag Prakash Navale versus Kumar Builders Mumbai Realty Pvt. Ltd. The hearing was held on October 16, 2017, at the Mumbai Bench of the National Company Law Tribunal (NCLT). The petitioner affirmed payment as per the withdrawal memo dated October 30, 2017, and requested to withdraw the petition. The NCLT disposed of the petition as withdrawn.

## Issues and analysis

### Issue 1: Whether the petition should be allowed to be withdrawn based on the petitioner's affirmation of …

**Ratio:** A petition can be withdrawn if the petitioner affirms compliance with the necessary

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**Reasoning:** The court accepted the petitioner's affirmation of payment as per the withdrawal memo and

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**Interpretation:** The legal interpretation is that if a petitioner complies with the requirements

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**Application:** In this case, the petitioner affirmed payment as per the withdrawal memo, and

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## Parties

- **Judges:** Bhaskara Pantula…; M.K. Sh…
- **Appellants:** Parag Prakash…
- **Respondents:** Kumar Builders…

## Timeline

- **2017-10-16 — Hearing…**: Hearing at the Mumbai Bench of the…
- **2017-10-30 — Withdrawal Me…**: Petitioner affirmed payment…

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