# In the matter of Tanjara Trading Pvt. Ltd. MA-246-2019 in CA126-IB-2018 in TCP-46-IB-2017

> NCLT judgment dated 2019-04-24. Citation: TCN-2019-NCLT-03724. The case involves an application MA/246/2019 in CA/126/IB/2018 related to TCP/46/IB/2017 before…

- **Court:** NCLT
- **Order date:** 24 Apr 2019
- **Citation:** TCN-2019-NCLT-03724
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/tanjara-trading-pvt-ltd-ma-246-2019-in-ca126-ib-2018-in-tcp-46-ib-2017-6f6e9e63

## Summary

### Background

The case involves an application MA/246/2019 in CA/126/IB/2018 related to TCP/46/IB/2017 before the National Company Law Tribunal (NCLT), Chennai Bench. The applicant is Malathi Gopi RP (Tanjara Trading Pvt Ltd), and the respondent is the Commissioner of Food Safety & 1 Another. The application is filed under Section 60(5)(C) of the Insolvency and Bankruptcy Code (IBC).

## Facts

The key facts are as follows: An application, MA/246/2019, was filed in connection with CA/126/IB/2018, which itself was related to TCP/46/IB/2017. The applicant was Malathi Gopi RP (Tanjara Trading Pvt Ltd), and the respondent was the Commissioner of Food Safety & 1 Another. The application was filed under Section 60(5)(C) of the IBC. The applicant subsequently requested a withdrawal of the application. The court then dismissed the application as withdrawn. The relevance of these facts lies in the procedural aspect of the case, where the applicant's decision to withdraw the application led to its dismissal by the court.

## Issues and analysis

### Issue 1: Whether the withdrawal request made by the Applicant (RP) should be granted, leading to the …

**Ratio:** The legal principle applied is that an applicant has the right to withdraw an

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**Reasoning:** The court reasoned that since the applicant, Malathi Gopi RP (Tanjara Trading Pvt Ltd),

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**Interpretation:** The interpretation is that the court respects the applicant's decision to

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**Application:** In this specific case, the ratio and reasoning were applied directly to the

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## Parties

- **Judges:** B.S.V. Prakash…
- **Appellants:** MALATHI GOPI RP…
- **Respondents:** Commissioner of…

## Timeline

- **2017-01-01 — Petition…**: TCP/46/IB/2017 was…
- **2018-01-01 — CA Filed…**: CA/126/IB/2018 was…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 60(5) — Adjudicating Authority for corporate persons](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-60)

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