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

> NCLT judgment dated 2020-12-03. Citation: TCN-2020-NCLT-00164. 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-00164
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/kumaran-gin-and-pressing-pvt-ltd-iba-141-2020-af275602

## Summary

### Background

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

## Facts

The applicant, N. Thiruvengataswamy, filed an application (IBA/141/2020) under Section 7 Rule 4 of IBC 2016. During the hearing, the applicant's counsel, Mr. M. Jayaprakash and Mr. P.J. Sri Ganesh, requested permission to withdraw the application, stating that an email had been sent to the Registry on 2020-12-02. The respondent's counsel, Ms. P. Valliappan, was present. The court took the email on record and dismissed the application as withdrawn. This indicates that the applicant no longer wished to pursue the insolvency proceedings against the corporate debtor, Kumaran Gin and Pressing Pvt Ltd.

## 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 noted that

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**Interpretation:** The interpretation of the IBC allows for the withdrawal of applications under

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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…

## Timeline

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

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