# In the matter of Tubelight Communications Ltd. C.P.(IB)-2872(MB)/2018

> NCLT judgment dated 2020-02-24. Citation: TCN-2020-NCLT-01841. The case pertains to an application filed under the Insolvency and Bankruptcy Code. The…

- **Court:** NCLT
- **Order date:** 24 Feb 2020
- **Citation:** TCN-2020-NCLT-01841
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/tubelight-communications-ltd-cpib-2872mb2018-f3ba5e30

## Summary

### Background

The case pertains to an application filed under the Insolvency and Bankruptcy Code. The Operational Creditor sought to withdraw the present petition with the liberty to file a fresh one. The case was heard by the Mumbai Bench of the National Company Law Tribunal on February 24, 2020.

## Facts

Infobip India Pvt. Ltd. filed a petition against Tubelight Communications Ltd. under Section 9 of the Insolvency and Bankruptcy Code. The Operational Creditor sought to withdraw the petition with the liberty to file a fresh petition. The Tribunal dismissed the petition as withdrawn and granted the Operational Creditor the liberty to approach the Tribunal again in accordance with the law. The case was heard by the Mumbai Bench of the National Company Law Tribunal.

## Issues and analysis

### Issue 1: Whether the Operational Creditor should be granted the liberty to withdraw the present petition and …

**Ratio:** The legal principle applied here is the Tribunal's discretion to allow the withdrawal of

…

**Reasoning:** The Tribunal reasoned that granting the Operational Creditor the liberty to withdraw the

…

**Interpretation:** The interpretation involves understanding the Tribunal's power to permit

…

**Application:** The ratio and reasoning were applied to the specific facts of the case, where

…

## Parties

- **Judges:** SHRI. RAJASEKHAR…; RavikumarDu…
- **Appellants:** Infobip India…
- **Respondents:** Tubelight…

## Timeline

- **2020-02-24 — Order Da…**: Order sheet of the hearing of Mumbai Bench…

## 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)

---

This is a preview. The full structured summary, issues, precedents and source judgment are available on CaseEase - Legal Intelligence Simplified: https://caseease.in/cases/ibc/nclt-chandigarh/tubelight-communications-ltd-cpib-2872mb2018-f3ba5e30
