# In the matter of Ricoh India Limited C.P. No. 1353-(MAH)-2017

> NCLT judgment dated 2017-09-29. Citation: TCN-2017-NCLT-00340. The case involves a petition filed under the I&BP Code 2016. The Corporate Debtor's counsel…

- **Court:** NCLT
- **Order date:** 29 Sept 2017
- **Citation:** TCN-2017-NCLT-00340
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/ricoh-india-limited-cp-no-1353-mah-2017-110715c2

## Summary

### Background

The case involves a petition filed under the I&BP Code 2016. The Corporate Debtor's counsel argued that the petition was not maintainable. The Petitioner's counsel stated that they had not argued any points on maintainability or any other aspect.

## Facts

Fourth Dimension Solution Limited filed a petition against Ricoh India Limited under the I&BP Code 2016. The Corporate Debtor, Ricoh India Limited, through its counsel, argued that the petition was not maintainable. The Petitioner, Fourth Dimension Solution Limited, through its counsel, did not argue any points regarding the maintainability of the petition. Consequently, the Petitioner withdrew the petition, and the court allowed the withdrawal, granting the Petitioner the liberty to proceed in accordance with the law. The key fact is the petitioner's withdrawal of the petition after the corporate debtor challenged its maintainability.

## Issues and analysis

### Issue 1: Whether the petition filed by Fourth Dimension Solution Limited against Ricoh India Limited is …

**Ratio:** A petition's maintainability is a crucial aspect that must be established for the court

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**Reasoning:** The court did not rule on the maintainability of the petition because the Petitioner's

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**Interpretation:** The interpretation is that the court avoids ruling on the maintainability when

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**Application:** Since the Petitioner withdrew the petition without arguing the maintainability,

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## Parties

- **Judges:** B.S.V. Prakash…; V. Nallasen…
- **Appellants:** Fourth Dimension…
- **Respondents:** Ricoh India…

## Timeline

- **2017-09-29 — Hearing of Mum…**: Hearing of the National Company Law Tribunal, Mumbai Bench, regarding the petition filed…

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