# In the matter of Shakti Bhog Foods Ltd. (IB)-983(PB)-2019

> NCLT judgment dated 2019-05-08. Citation: TCN-2019-NCLT-03376. The case involves an application/petition by M/s. Shrinath Rotopack (P) Ltd. against M/s.…

- **Court:** NCLT
- **Order date:** 8 May 2019
- **Citation:** TCN-2019-NCLT-03376
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/shakti-bhog-foods-ltd-ib-983pb-2019-79efef73

## Summary

### Background

The case involves an application/petition by M/s. Shrinath Rotopack (P) Ltd. against M/s. Shakti Bhog Foods Ltd. under Section 9 of the Insolvency & Bankruptcy Code, 2016. The petitioner's counsel presented an order from the Delhi High Court dated 2018-01-18 regarding the winding up of the corporate debtor and appointment of an Official Liquidator. The counsel also presented an order from NCLAT dated 2018-03-12.

## Facts

M/s. Shrinath Rotopack (P) Ltd. filed an application/petition against M/s. Shakti Bhog Foods Ltd. under Section 9 of the Insolvency & Bankruptcy Code, 2016. The petitioner's counsel presented an order from the Delhi High Court dated 2018-01-18 ordering the winding up of the corporate debtor and appointing an Official Liquidator. The counsel also presented an order from NCLAT dated 2018-03-12. The petitioner requested to withdraw the petition with liberty to proceed and approach the appropriate forum including Adjudicating Authority and Official Liquidator. The court granted the request for withdrawal.

## Issues and analysis

### Issue 1: Whether the petitioner should be allowed to withdraw the petition under Section 9 of the Insolvency …

**Ratio:** The legal principle applied is the court's discretion to allow withdrawal of a petition,

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**Reasoning:** The court reasoned that since the Delhi High Court had already ordered the winding up of

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

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**Application:** The ratio and reasoning were applied to the specific facts of the case, where

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## Parties

- **Judges:** DEEPTI M…; SH. S.K MOH…
- **Appellants:** M/s. Shrinath…
- **Respondents:** M/s. Shakti Bhog…
- **Advocates:** Rohit R…

## Timeline

- **2018-01-18 — Delhi High Cou…**: Delhi High Court ordered the winding up of the corporate debtor and appointed an Official…
- **2018-03-12 — NCLAT Or…**: NCLAT passed an order…

## 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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