# In the matter of White water Hospitality Pvt. Ltd. CP (IB) No.105-Chd-CHD-2017

> NCLT judgment dated 2017-12-15. Citation: TCN-2017-NCLT-00052. M/s Bharat Food and Agro Products filed a petition under Section 7 of the Insolvency and…

- **Court:** NCLT
- **Order date:** 15 Dec 2017
- **Citation:** TCN-2017-NCLT-00052
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/white-water-hospitality-pvt-ltd-cp-ib-no105-chd-chd-2017-c34b61d4

## Summary

### Background

M/s Bharat Food and Agro Products filed a petition under Section 7 of the Insolvency and Bankruptcy Code, 2016, against M/s White Water Hospitality Pvt. Ltd. The petitioner sought to initiate the corporate insolvency resolution process against the respondent.

## Facts

M/s Bharat Food and Agro Products, acting as the financial creditor, filed a petition against M/s White Water Hospitality Pvt. Ltd., the corporate debtor, under Section 7 of the Insolvency and Bankruptcy Code, 2016. During the proceedings, the petitioner's counsel requested permission to withdraw the petition due to a technical defect. The court granted permission, and the petition was dismissed as withdrawn with liberty to file a fresh one on the same cause of action. The key fact is the withdrawal of the petition due to a technical defect, which led to the dismissal of the case but allowed the petitioner to refile.

## Issues and analysis

### Issue 1: Whether the petitioner should be granted permission to withdraw the petition due to a technical …

**Ratio:** A petitioner is generally allowed to withdraw a petition if there is a valid reason, such

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**Reasoning:** The court considered the request of the petitioner's counsel to withdraw the petition due

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**Interpretation:** The interpretation is that courts have the discretion to allow withdrawal of

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**Application:** The court applied this principle by allowing the petitioner to withdraw the

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## Parties

- **Judges:** R.P.Nag…
- **Appellants:** M/s Bharat Food…
- **Respondents:** M/s White Water…

## Timeline

- **2017-12-15 — Order Del…**: The order was delivered dismissing the…

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