# In the matter of Suvidha Safety Solutions Pvt. Ltd. CP (IB) No. 208-9-AMR-2019

> NCLT judgment dated 2019-12-16. Citation: TCN-2019-NCLT-00167. The case involves a Company Petition filed under the Insolvency and Bankruptcy Code (IBC). The…

- **Court:** NCLT
- **Order date:** 16 Dec 2019
- **Citation:** TCN-2019-NCLT-00167
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/suvidha-safety-solutions-pvt-ltd-cp-ib-no-208-9-amr-2019-31093045

## Summary

### Background

The case involves a Company Petition filed under the Insolvency and Bankruptcy Code (IBC). The specific details leading to the petition are not elaborated in the provided document, but it is implied that the petition was initiated by Suvidha Safety Solutions Pvt Ltd against Phalanx Labs Private Limited.

## Facts

Suvidha Safety Solutions Pvt Ltd filed a Company Petition against Phalanx Labs Private Limited under Section 9 of the IBC. The petitioner's counsel was present, and a withdrawal memo was filed. The court heard the matter and dismissed the petition as withdrawn. The dismissal was based on Rule-8 of the Insolvency and Bankruptcy (Application to Adjudicating Authority) Rules 2016.

## Issues and analysis

### Issue 1: Whether the Company Petition can be dismissed as withdrawn based on the petitioner's withdrawal …

**Ratio:** A Company Petition can be dismissed as withdrawn if the petitioner files a withdrawal

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**Reasoning:** The court reasoned that since the petitioner filed a withdrawal memo and the counsel was

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

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**Application:** In this specific case, the petitioner, Suvidha Safety Solutions Pvt Ltd, filed

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## Parties

- **Judges:** Janab Mohammed…
- **Appellants:** Suvidha Safety…
- **Respondents:** PHALANX LABS…

## Timeline

- **2019-12-16 — Hearing…**: Hearing held on…
- **N/A — Withdrawal Me…**: Petitioner's counsel…

## 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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