# In the matter of MMTC Ltd. (IB)-12(ND)2021

> NCLT judgment dated 2021-07-22. Citation: TCN-2021-NCLT-01663. The case involves M/s. Bengal Energy Ltd as the Applicant/Petitioner and M/s. MMTC Ltd as the…

- **Court:** NCLT
- **Order date:** 22 Jul 2021
- **Citation:** TCN-2021-NCLT-01663
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/mmtc-ltd-ib-12nd2021-7e15c504

## Summary

### Background

The case involves M/s. Bengal Energy Ltd as the Applicant/Petitioner and M/s. MMTC Ltd as the Respondent. The application was filed under Section 9 of the IBC Code, 2016.

## Facts

M/s. Bengal Energy Ltd filed an application under Section 9 of the IBC Code, 2016, against M/s. MMTC Ltd. The petitioner, M/s. Bengal Energy Ltd, sought permission to withdraw the application. The court heard the prayer and allowed the withdrawal. Consequently, the Interlocutory Application (IA) was dismissed as withdrawn.

## Issues and analysis

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

**Ratio:** A petitioner has the right to withdraw an

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**Reasoning:** The court considered the petitioner's request to withdraw the application and, upon

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**Interpretation:** The legal interpretation is that a petitioner can withdraw an application if

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

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## Parties

- **Judges:** SHRI. ABNI RANJAN…; Shri. L. N.…
- **Appellants:** M/s. Bengal…
- **Respondents:** M/s. MMT…

## Timeline

- **N/A — Application…**: M/s. Bengal Energy Ltd filed an application against M/s. MMTC Ltd under Section 9 of the…
- **2021-07-22 — Order Del…**: The court allowed the petitioner to withdraw the application, and the IA was dismissed as…

## 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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