# In the matter of Rifah Shoes Pvt. Ltd. CP-1405-IB-2018

> NCLT judgment dated 2019-02-18. Citation: TCN-2019-NCLT-04814. The case pertains to CP/1405/IB/2018 filed before the National Company Law Tribunal (NCLT),…

- **Court:** NCLT
- **Order date:** 18 Feb 2019
- **Citation:** TCN-2019-NCLT-04814
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/rifah-shoes-pvt-ltd-cp-1405-ib-2018-5ba7a3f3

## Summary

### Background

The case pertains to CP/1405/IB/2018 filed before the National Company Law Tribunal (NCLT), Chennai Bench. The matter was listed for hearing on February 18, 2019. The petitioner is Southern Mercantile Services Pvt Ltd and the respondent is Rifah Shoes Pvt Ltd.

## Facts

The case CP/1405/IB/2018 was filed by Southern Mercantile Services Pvt Ltd against Rifah Shoes Pvt Ltd. The case was heard at the Chennai Bench of the National Company Law Tribunal (NCLT) on February 18, 2019. The Operational Creditor's counsel filed a withdrawal memo. As a result, the NCLT dismissed the case as withdrawn. The relevance of the withdrawal memo is that it initiated the dismissal of the case.

## Issues and analysis

### Issue 1: Whether the withdrawal memo filed by the Operational Creditor's counsel is sufficient grounds for …

**Ratio:** A party has the right to withdraw a case they have filed, and the court generally

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**Reasoning:** The NCLT dismissed the case based on the withdrawal memo filed by the Operational

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**Interpretation:** The interpretation is that the NCLT acknowledges the right of a party to

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**Application:** In this specific instance, the Operational Creditor's counsel filed a

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## Parties

- **Judges:** B.S.V. Prakash…; S. VIJAYARA…
- **Appellants:** SOUTHERN MERCANTIL…
- **Respondents:** RIFAH SHOES PVT…

## Timeline

- **2018-01-01 — Case Fil…**: CP/1405/IB/2018 was…
- **2019-02-18 — Hearing…**: The case was heard at 10:30 AM at…

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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/rifah-shoes-pvt-ltd-cp-1405-ib-2018-5ba7a3f3