# In the matter of Sudalagunta Sugars Ltd. CP (IB) No. 210-9-AMR-2019

> NCLT judgment dated 2021-06-08. Citation: TCN-2021-NCLT-02013. The case pertains to a Company Petition (CP(IB) No. 210/9/AMR/2019) filed under Section 9 of…

- **Court:** NCLT
- **Order date:** 8 Jun 2021
- **Citation:** TCN-2021-NCLT-02013
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/sudalagunta-sugars-ltd-cp-ib-no-210-9-amr-2019-f57ebd7b

## Summary

### Background

The case pertains to a Company Petition (CP(IB) No. 210/9/AMR/2019) filed under Section 9 of the Insolvency and Bankruptcy Code (IBC). The matter was presented before the National Company Law Tribunal (NCLT), Amaravati Bench, with Hon'ble Shri Bhaskara Pantula Mohan presiding as the Member Judicial. The case involves A.R Enterprises as the petitioner and Sudalagunta Sugars Ltd as both the company and the respondent.

## Facts

The central fact is that A.R Enterprises, as the Operational Creditor, initiated a Company Petition (CP(IB) No. 210/9/AMR/2019) against Sudalagunta Sugars Ltd under Section 9 of the IBC. However, the Operational Creditor subsequently filed a memo, which led to the NCLT dismissing the petition as withdrawn. The filing of the memo by the Operational Creditor is a key fact, suggesting a change in circumstances or strategy that prompted the withdrawal of the petition. The dismissal of the petition is the final outcome of the case.

## Issues and analysis

### Issue 1: Whether the Company Petition (CP(IB) No. 210/9/AMR/2019) should be dismissed as withdrawn based on …

**Ratio:** The legal principle applied here is that a petitioner has the right to withdraw a

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**Reasoning:** The court's reasoning is based on the memo filed by the Operational Creditor, indicating

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**Interpretation:** The interpretation is that the court acknowledges the petitioner's prerogative

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**Application:** In this specific case, the Operational Creditor (A.R Enterprises) filed a memo

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## Parties

- **Judges:** Bhaskara Pantula…
- **Appellants:** A.R Enter…
- **Respondents:** Sudalagunta…

## Timeline

- **2021-06-08 — Hearing…**: Hearing held on…
- **N/A — Filing of…**: Operational Creditor…

## 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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