# In the matter of Unitech Ltd. (IB)-605(PB)-2017

> NCLT judgment dated 2017-12-19. Citation: TCN-2017-NCLT-00031. The case involves an application/petition filed by Gaurav Monga against Unitech Limited under…

- **Court:** NCLT
- **Order date:** 19 Dec 2017
- **Citation:** TCN-2017-NCLT-00031
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/unitech-ltd-ib-605pb-2017-ab8d0221

## Summary

### Background

The case involves an application/petition filed by Gaurav Monga against Unitech Limited under Section 9 of the Insolvency & Bankruptcy Code, 2016. The order was delivered on December 19, 2017. The Hon'ble Supreme Court is seized of the matter against the respondent company.

## Facts

Gaurav Monga filed an application/petition against Unitech Limited under Section 9 of the Insolvency & Bankruptcy Code, 2016. The petitioner's counsel requested permission to withdraw the petition at the current stage, retaining the liberty to file it later. The Hon'ble Supreme Court is seized of the matter against the respondent company. The court granted the request and dismissed the petition as withdrawn with liberty.

## Issues and analysis

### Issue 1: Whether the petitioner should be granted permission to withdraw the petition at this stage with …

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

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**Reasoning:** The court reasoned that granting permission to withdraw the petition at this stage, with

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**Interpretation:** This legal issue involves interpreting the scope of the court's discretionary

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**Application:** In this specific case, the court applied the ratio by granting the petitioner's

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## Parties

- **Judges:** M. M. K…; DeepaKr…
- **Appellants:** Gaurav…
- **Respondents:** Unitech L…

## Timeline

- **2017-12-19 — Order Del…**: Order delivered on December 19, 2017,…

## 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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