# In the matter of NIrpender Logistics Pvt. Ltd. (IB)-1668(ND)2018

> NCLT judgment dated 2019-01-23. Citation: TCN-2019-NCLT-05194. The petition was filed for the voluntary liquidation of M/s Nirpender Logistics Pvt. Ltd. Steps…

- **Court:** NCLT
- **Order date:** 23 Jan 2019
- **Citation:** TCN-2019-NCLT-05194
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/nirpender-logistics-pvt-ltd-ib-1668nd2018-05571886

## Summary

### Background

The petition was filed for the voluntary liquidation of M/s Nirpender Logistics Pvt. Ltd. Steps towards the liquidation had been initiated by the liquidator, Mr. Hemant Sharma.

## Facts

A petition was filed for the voluntary liquidation of M/s Nirpender Logistics Pvt. Ltd. Mr. Hemant Sharma, the liquidator, had initiated steps towards the liquidation. However, a meeting was convened on September 5, 2018, where a resolution was passed to withdraw the liquidation petition to explore opportunities to revive the company's business. The Voluntary Liquidator appeared in court, confirmed the resolution, and stated no objection to the withdrawal of the petition. This led to the court permitting the withdrawal of the petition.

## Issues and analysis

### Issue 1: Whether the petition for voluntary liquidation should be allowed to be withdrawn given the …

**Ratio:** A petition for voluntary liquidation can be withdrawn if there is a resolution passed to

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**Reasoning:** The court considered the resolution passed in the meeting convened on September 5, 2018,

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**Interpretation:** The legal principle is that the court can permit the withdrawal of a voluntary

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**Application:** In this specific case, the court applied the principle by considering the

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## Parties

- **Judges:** V.K. SUB…; Ina Mal…
- **Appellants:** Rakesh…
- **Respondents:** Nirpender…; Dhrubajit…
- **Advocates:** Rakesh…; Chetna…; +2 more

## Timeline

- **2018-09-05 — Resolution to Withdraw…**: A meeting was convened where a resolution was passed to withdraw the petition for…
- **2019-01-23 — Court Hearing…**: The Voluntary Liquidator appeared in court, confirmed the resolution, and had no…

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This is a preview. The full structured summary, issues, precedents and source judgment are available on CaseEase - Legal Intelligence Simplified: https://caseease.in/cases/ibc/nclt-chandigarh/nirpender-logistics-pvt-ltd-ib-1668nd2018-05571886