# In the matter of Tulsi Syntex Pvt. Ltd. C.P. (IB) No. 36-NCLT-AHM-2020

> NCLT judgment dated 2020-10-16. Citation: TCN-2020-NCLT-00372. The case pertains to C.P.(I.B) No.36/NCLT/AHM/2020 before the National Company Law Tribunal…

- **Court:** NCLT
- **Order date:** 16 Oct 2020
- **Citation:** TCN-2020-NCLT-00372
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/tulsi-syntex-pvt-ltd-cp-ib-no-36-nclt-ahm-2020-bbafd793

## Summary

### Background

The case pertains to C.P.(I.B) No.36/NCLT/AHM/2020 before the National Company Law Tribunal (NCLT), Ahmedabad Bench. The matter involves Agarwal Coal Corporation Pvt Ltd as the applicant and Tulsi Syntex Pvt Ltd as the respondent. The application was filed under Section 9 of the Insolvency and Bankruptcy Code, 2016.

## Facts

Agarwal Coal Corporation Pvt Ltd filed an application under Section 9 of the Insolvency and Bankruptcy Code, 2016, against Tulsi Syntex Pvt Ltd. The case was registered as C.P.(I.B) No.36/NCLT/AHM/2020 before the NCLT Ahmedabad Bench. Advocate Mohd. Nazim Khan appeared on behalf of the Petitioner. Subsequently, the petitioner filed a pursis to withdraw the petition. No one appeared on behalf of the respondent. The court granted permission for the withdrawal, leading to the dismissal of the petition.

## Issues and analysis

### Issue 1: Whether the petitioner's request to withdraw the application under Section 9 of the Insolvency and …

**Ratio:** A petitioner has the right to withdraw a petition filed before a court or tribunal,

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**Reasoning:** The court reasoned that the petitioner had filed a pursis to withdraw the petition,

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**Interpretation:** The interpretation is that the court has the power to allow or deny the

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**Application:** In this case, the petitioner's request to withdraw the application was granted,

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## Parties

- **Judges:** Manorama…; Chockalingam…
- **Appellants:** Agarwal Coal…
- **Respondents:** Tulsi Syntex Pvt…

## Timeline

- **2020-10-16 — Hearing of Ahmedabad…**: Hearing of the Ahmedabad Bench of the National Company Law Tribunal. Advocate Mohd. Nazim…
- **2020-10-16 — Order…**: The court granted permission to withdraw the petition, and CP(IB) 36/2020 was dismissed…

## 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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