# In the matter of Thiru Arroran Sugar Ltd. CP-1085-IB-2018

> NCLT judgment dated 2019-03-12. Citation: TCN-2019-NCLT-04475. The case pertains to CP/1085/IB/2018 filed before the National Company Law Tribunal (NCLT),…

- **Court:** NCLT
- **Order date:** 12 Mar 2019
- **Citation:** TCN-2019-NCLT-04475
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/thiru-arroran-sugar-ltd-cp-1085-ib-2018-595b6b89

## Summary

### Background

The case pertains to CP/1085/IB/2018 filed before the National Company Law Tribunal (NCLT), Chennai Bench. The Operational Creditor filed a withdrawal memo.

## Facts

The case involves an application CP/1085/IB/2018. The Operational Creditor, represented by counsel H. Kanthilal Seshadri, filed a withdrawal memo. The Respondent/Corporate Debtor was represented by Gautam S. Raman. Based on the withdrawal memo, the NCLT dismissed the application. The key fact is the filing of the withdrawal memo by the Operational Creditor's counsel, which led to the dismissal of the case.

## Issues and analysis

### Issue 1: Whether the application CP/1085/IB/2018 can be dismissed as withdrawn based on the withdrawal memo …

**Ratio:** The legal principle applied is that an applicant can withdraw their application, leading

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**Reasoning:** The court reasoned that since the Operational Creditor's counsel filed a withdrawal memo,

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**Interpretation:** The interpretation is that the court acknowledges the right of the applicant to

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

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## Parties

- **Judges:** B.S.V. Prakash…; S. VIJAYARA…
- **Appellants:** BROCADE INDIA…
- **Respondents:** THIRU ARRORAN…

## Timeline

- **2019-03-12 — Hearing…**: Hearing held at 10.30 AM at the Chennai…
- **N/A — Withdrawal Me…**: Operational Creditor's…

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