# In the matter of Raj OIl Mills Ltd. C.P. No. 63-(MAH)-2017

> NCLT judgment dated 2017-04-04. Citation: TCN-2017-NCLT-00927. The document is an attendance-cum-order sheet from the National Company Law Tribunal (NCLT),…

- **Court:** NCLT
- **Order date:** 4 Apr 2017
- **Citation:** TCN-2017-NCLT-00927
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/raj-oil-mills-ltd-cp-no-63-mah-2017-13310b6c

## Summary

### Background

The document is an attendance-cum-order sheet from the National Company Law Tribunal (NCLT), Mumbai Bench, regarding a company petition. The petitioner's counsel sought to withdraw the company petition for filing afresh.

## Facts

The petitioner, General Engineering Works, sought to withdraw its company petition against the respondent, Raj Oil Mils Ltd. The petitioner wanted to refile the petition. The NCLT Mumbai Bench allowed the withdrawal and dismissed the petition, granting the petitioner the liberty to file afresh in accordance with the law. The case was heard on April 4, 2017.

## Issues and analysis

### Issue 1: Whether the petitioner should be allowed to …

**Ratio:** A petitioner can withdraw a company petition with the liberty to file it again, subject

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**Reasoning:** The NCLT granted the petitioner's request to withdraw the petition, recognizing their

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

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**Application:** In this specific case, the NCLT applied this principle by allowing General

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## Parties

- **Judges:** B.S.V. Prakash…; V. Nallasen…
- **Appellants:** General Engineerin…
- **Respondents:** Raj Oil Mil…

## Timeline

- **2017-04-04 — Hearing of t…**: The hearing of the Mumbai Bench of the…
- **2017-04-04 — Order Is…**: The NCLT dismissed the company…

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