# In the matter of Thiru Arooran Sugars Ltd. IBA-109-2019

> NCLT judgment dated 2019-04-16. Citation: TCN-2019-NCLT-03863. The case pertains to an application under the Insolvency and Bankruptcy Code (IBC). The…

- **Court:** NCLT
- **Order date:** 16 Apr 2019
- **Citation:** TCN-2019-NCLT-03863
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/thiru-arooran-sugars-ltd-iba-109-2019-5d6b8ad2

## Summary

### Background

The case pertains to an application under the Insolvency and Bankruptcy Code (IBC). The Operational Creditor filed a withdrawal memo.

## Facts

The Operational Creditor filed a withdrawal memo. The application number is IBA/109/2019. The petitioner is S.G.M Lorry Services and the respondent is Thiru Arooran Sugars Ltd. The application was filed under Section 9 Rule 6.

## Issues and analysis

### Issue 1: Whether the application IBA/109/2019 should be dismissed as withdrawn based on the withdrawal memo …

**Ratio:** When a party seeks to withdraw an application, the court has the discretion to dismiss

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**Reasoning:** The court accepted the withdrawal memo filed by the Operational Creditor's counsel,

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**Interpretation:** The legal principle is that a party has the right to withdraw an application,

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**Application:** In this case, the Operational Creditor's counsel filed a withdrawal memo, and

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## Parties

- **Judges:** B.S.V. Prakash…; S. VIJAYARA…
- **Appellants:** S.G.M LORRY…
- **Respondents:** THIRU AROORAN…

## Timeline

- **2019-04-16 — Hearing…**: Hearing of Chennai Bench, Chennai National…
- **N/A — Withdrawal Me…**: Operational Creditor counsel…

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