# In the matter of Madhav Infra Projects Pvt. Ltd. C.P. (IB) No. 244-9-NCLT-AHM-2019

> NCLT judgment dated 2019-06-17. Citation: TCN-2019-NCLT-02866. This is an order sheet from the Ahmedabad bench of the National Company Law Tribunal (NCLT)…

- **Court:** NCLT
- **Order date:** 17 Jun 2019
- **Citation:** TCN-2019-NCLT-02866
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/madhav-infra-projects-pvt-ltd-cp-ib-no-244-9-nclt-ahm-2019-03e11043

## Summary

### Background

This is an order sheet from the Ahmedabad bench of the National Company Law Tribunal (NCLT) regarding CP(IB) No. 244/9/NCLT/AHM/2019. The case involves Jai Jagannath Associates as the applicant and Madhav Infra Projects Pvt. Ltd. as the respondent. The petition was filed under Section 9 of the Insolvency & Bankruptcy Code.

## Facts

Jai Jagannath Associates filed a petition against Madhav Infra Projects Pvt. Ltd. under Section 9 of the Insolvency & Bankruptcy Code. The petitioner, represented by Pathile Achurja, sought to withdraw the petition. The respondents were represented by Ms. Thumani Chhabra and Thakker & Pahwa. The NCLT Ahmedabad bench, presided over by Mr. Harihar Prakash Chaturvedi and Ms. Manorama Kumari, granted permission for the withdrawal, leading to the dismissal of the petition.

## Issues and analysis

### Issue 1: Whether the petitioner should be granted permission to withdraw the insolvency petition filed under …

**Ratio:** A petitioner has the right to withdraw a petition filed before the NCLT, subject to the

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**Reasoning:** The court considered the request for withdrawal made by the petitioner's counsel and

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**Interpretation:** The interpretation is that the NCLT has the discretion to allow the withdrawal

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**Application:** In this case, the petitioner filed a pursis to withdraw the petition, and the

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## Parties

- **Judges:** Harihar Prakash…; Manorama…
- **Appellants:** Pathile A…
- **Respondents:** Madhav Infra…; Thumani C…

## Timeline

- **2019-06-17 — Hearing…**: Hearing of the Ahmedabad Bench of…
- **2019-06-17 — Order Da…**: CP(IB) 244/2019 is…

## 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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