# In the matter of Kumaran Gin and Pressing Pvt. Ltd. 
IBA-141-2020

> NCLT judgment dated 2020-12-03. Citation: TCN-2020-NCLT-00170. The case pertains to an application under the Insolvency and Bankruptcy Code (IBC). The…

- **Court:** NCLT
- **Order date:** 3 Dec 2020
- **Citation:** TCN-2020-NCLT-00170
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/kumaran-gin-and-pressing-pvt-ltd-iba-141-2020-67fb27b8

## Summary

### Background

The case pertains to an application under the Insolvency and Bankruptcy Code (IBC). The applicant sought to withdraw the application, stating that an email had been sent to the Registry on 2020-12-02.

## Facts

The petitioner, N. THIRUVENKATASWAMY, filed an application (IBA/141/2020) under Section 7 Rule 4 of IBC 2016 against the respondent, KUMARAN GIN AND PRESSING PVT LTD. During the hearing on 2020-12-03, the applicant's counsel, Mr. M. Jayaprakash and Mr. P.J. Sri Ganesh, stated that an email had been sent to the Registry on 2020-12-02. The applicant then sought permission to withdraw the application, which the court granted. The court took the email on record.

## Issues and analysis

### Issue 1: Whether the applicant should be granted permission …

**Ratio:** An applicant can withdraw an application filed under the IBC with the permission of the

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**Reasoning:** The court considered the applicant's request to withdraw the application and the

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**Interpretation:** This aligns with the principle that parties have the autonomy to resolve

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**Application:** In this case, the applicant sought to withdraw the application, and the court

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## Parties

- **Judges:** R. Sucha…; B. Anil…
- **Appellants:** N. THIRUVENKATASWA…
- **Respondents:** KUMARAN GIN AND…
- **Advocates:** M. Jayapr…; P.J. Sri…; +1 more

## Timeline

- **2020-12-02 — Email to Re…**: Applicant's counsel stated that an…
- **2020-12-03 — Hearing…**: Hearing held where the applicant sought…

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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/kumaran-gin-and-pressing-pvt-ltd-iba-141-2020-67fb27b8