# In the matter of Manpasand Beverages Ltd. CP(IB) 396-NCLT-AHM-2020

> NCLT judgment dated 2021-02-19. Citation: TCN-2021-NCLT-02981. The case pertains to CP(IB) 396/NCLT/AHM/2020 before the Ahmedabad Bench of the National…

- **Court:** NCLT
- **Order date:** 19 Feb 2021
- **Citation:** TCN-2021-NCLT-02981
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/manpasand-beverages-ltd-cpib-396-nclt-ahm-2020-04b6a1a5

## Summary

### Background

The case pertains to CP(IB) 396/NCLT/AHM/2020 before the Ahmedabad Bench of the National Company Law Tribunal. The matter involves Tulsi Prajapati as the operational creditor and Manpasand Beverages Ltd as the corporate debtor. The case was heard on 2021-02-19.

## Facts

Tulsi Prajapati, the operational creditor, initiated proceedings against Manpasand Beverages Ltd under Section 9 of the Insolvency and Bankruptcy Code, 2016. Mr. Nishit Raj, advocate for the operational creditor, subsequently filed a withdrawal pursis, seeking to withdraw the petition. The NCLT Ahmedabad Bench considered the withdrawal request. The key fact is the operational creditor's decision to withdraw the petition, leading to its dismissal.

## Issues and analysis

### Issue 1: Whether the NCLT was justified in allowing the withdrawal of the petition filed by the operational …

**Ratio:** The legal principle applied here is the discretion of the court to allow the withdrawal

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**Reasoning:** The court reasoned that the advocate for the operational creditor filed a withdrawal

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**Interpretation:** The interpretation is that the court has the power to permit the withdrawal of

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**Application:** In this case, the operational creditor sought to withdraw the petition, and the

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## Parties

- **Judges:** Manorama…; Chockalingam…
- **Appellants:** Tulsi Pra…
- **Respondents:** Manpasand…
- **Advocates:** Nishit…

## Timeline

- **2020-01-01 — Case Fil…**: CP(IB) 396/NCLT/AHM/2020…
- **2021-02-19 — Hearing…**: Hearing of Ahmedabad Bench of 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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