# In the matter of Southern Power Distribution Company of Andhra Pradesh TCP (IB) No. 88-9-AMR-TP-2019 in CP (IB) No. 203-9-HDB-2019

> NCLT judgment dated 2020-01-21. Citation: TCN-2020-NCLT-02244. The case involves a Company Petition filed under the Insolvency and Bankruptcy Code (IBC). A…

- **Court:** NCLT
- **Order date:** 21 Jan 2020
- **Citation:** TCN-2020-NCLT-02244
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/southern-power-distribution-company-of-andhra-pradesh-tcp-ib-no-88-9-amr-tp-2019-4f9f1232

## Summary

### Background

The case involves a Company Petition filed under the Insolvency and Bankruptcy Code (IBC). A memo of withdrawal was filed, leading to the dismissal of the Company Petition.

## Facts

The Southern Power Distribution Company Of Andhra Pradesh Ltd initiated a Company Petition against AMI Tech (India) Pvt Ltd. The petition was filed under Section 9 of the IBC. During the proceedings, a memo of withdrawal was filed by the parties. Counsel for both sides were present during the hearing. The court considered the memo of withdrawal and dismissed the petition, allowing the petitioner to file a fresh application if a new cause of action arises within the limitation period. The case was heard at the Amaravathi Bench of the National Company Law Tribunal (NCLT).

## Issues and analysis

### Issue 1: Whether the Company Petition can be dismissed as withdrawn based on the memo of withdrawal filed by …

**Ratio:** Rule-8 of the Insolvency and Bankruptcy (Application to Adjudicating Authority) Rules

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**Reasoning:** The court considered the memo of withdrawal filed by the parties and the provisions of

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**Interpretation:** Rule-8 provides a mechanism for parties to withdraw a petition filed under the

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**Application:** In this case, the court applied Rule-8 to dismiss the Company Petition based on

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## Parties

- **Judges:** Janab Mohammed…
- **Appellants:** Southern Power…
- **Respondents:** AMI Tech (India)…

## Timeline

- **2020-01-21 — Hearing…**: Hearing held on 21.01.2020 at 10.30 AM where the Company Petition was dismissed as…

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