# In the matter of Varin Infra Projects Pvt. Ltd. CP (IB) No. 82-BB-2021

> NCLT judgment dated 2021-12-10. Citation: TCN-2021-NCLT-00208. The case pertains to CP (IB) No. 82/BB/2021 filed under Section 9 of the Insolvency &…

- **Court:** NCLT
- **Order date:** 10 Dec 2021
- **Citation:** TCN-2021-NCLT-00208
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/varin-infra-projects-pvt-ltd-cp-ib-no-82-bb-2021-ed43c2eb

## Summary

### Background

The case pertains to CP (IB) No. 82/BB/2021 filed under Section 9 of the Insolvency & Bankruptcy Code, 2016. The petitioner, M/s. K K Civil Contractor, sought initiation of the corporate insolvency resolution process against the respondent, M/s. Varin Infra Projects Pvt Ltd. During the hearing, the petitioner's counsel requested to withdraw the petition due to typographical and clerical errors in the drafting of the CP, with the liberty to file a fresh petition.

## Facts

M/s. K K Civil Contractor filed CP (IB) No. 82/BB/2021 against M/s. Varin Infra Projects Pvt Ltd under Section 9 of the Insolvency & Bankruptcy Code, 2016. The petitioner's counsel, Mr. Ricab Chand, requested the NCLT to allow the withdrawal of the petition due to typographical and clerical errors in the drafting. The petitioner sought the liberty to file a fresh petition. The NCLT considered the request and dismissed the petition as withdrawn, granting the petitioner the requested liberty.

## Issues and analysis

### Issue 1: Whether the petitioner should be granted leave to withdraw the CP (IB) No. 82/BB/2021 with the …

**Ratio:** The principle is that a party can withdraw a petition with the permission of the court,

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**Reasoning:** The court reasoned that the petitioner's counsel had identified typographical and

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**Interpretation:** This legal issue involves the interpretation of the court's power to allow

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

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## Parties

- **Judges:** SH. AJAY KUMAR…; SH. MANOJ KUMAR…
- **Appellants:** M/s. K K Civil…
- **Respondents:** M/s. Varin Infra…

## Timeline

- **2021-12-10 — Order Del…**: Order delivered on 10.12.2021, dismissing the CP (IB) No. 82/BB/2021 as withdrawn with…

## 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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