# In the matter of Maa Gauri Poultry Pvt. Ltd. CP(IB)-4631(MB)-2019

> NCLT judgment dated 2021-09-06. Citation: TCN-2021-NCLT-01187. The case pertains to CP(IB)-4631(MB)/2019 filed under Section 9 of the Insolvency and…

- **Court:** NCLT
- **Order date:** 6 Sept 2021
- **Citation:** TCN-2021-NCLT-01187
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/maa-gauri-poultry-pvt-ltd-cpib-4631mb-2019-1d4b6829

## Summary

### Background

The case pertains to CP(IB)-4631(MB)/2019 filed under Section 9 of the Insolvency and Bankruptcy Code, 2016. The petitioner sought to withdraw the petition as they were not inclined to pursue the matter.

## Facts

The case involves a petition CP(IB)-4631(MB)/2019 filed under Section 9 of the Insolvency and Bankruptcy Code, 2016. The petitioner, Shyam Enterprises, sought to withdraw the petition. The counsel for the petitioner appeared before the court and requested permission to withdraw the petition, stating that the petitioner was not inclined to pursue the matter further. No one appeared for the corporate debtor, Maa Gauri Poultry Pvt. Ltd. The court, after considering the request, dismissed the petition as not pressed.

## Issues and analysis

### Issue 1: Whether the petitioner should be granted leave to withdraw the petition filed under Section 9 of …

**Ratio:** The court has the discretion to allow the withdrawal of a petition if the petitioner

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**Reasoning:** The petitioner's counsel requested leave to withdraw the petition, stating that the

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**Interpretation:** The interpretation of the law allows the petitioner to withdraw the petition if

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**Application:** In this case, the petitioner's counsel requested the withdrawal, and the court

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## Parties

- **Judges:** RAJESH S…; SUCHITRAKAN…
- **Appellants:** Shyam Enter…
- **Respondents:** Maa Gauri Poultry…

## Timeline

- **2021-09-06 — Hearing…**: Order sheet of the hearing held on 06.09.2021. The court convened through video…
- **N/A — Petition Withdrawal…**: Counsel for the Petitioner seeks leave of the Court to withdraw the Petition as the…

## 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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