# In the matter of Andhra Pradesh Gas Distribution Corporation Limited IA(IBC)-148-2022 in CP (IB) No. 23-9-AMR-2022

> NCLT judgment dated 2022-11-22. Citation: TCN-2022-NCLT-00380. The case involves a Company Petition filed by Kalpataru Power Transmission Limited against…

- **Court:** NCLT
- **Order date:** 22 Nov 2022
- **Citation:** TCN-2022-NCLT-00380
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/andhra-pradesh-gas-distribution-corporation-limited-iaibc-148-2022-in-cp-ib-no-2-a2457261

## Summary

### Background

The case involves a Company Petition filed by Kalpataru Power Transmission Limited against Andhra Pradesh Gas Distribution Corporation Limited. The Operational Creditor filed a memo seeking to withdraw the Company Petition.

## Facts

Kalpataru Power Transmission Limited filed a Company Petition against Andhra Pradesh Gas Distribution Corporation Limited. The Operational Creditor sought to withdraw the Company Petition by filing a memo. Ms. Niharika Agarwal, Advocate for the Corporate Debtor, was present. The Counsel for the Operational Creditor was also present. The court granted permission for the withdrawal.

## Issues and analysis

### Issue 1: Whether the court should grant permission for the withdrawal of the Company Petition filed by the …

**Ratio:** A party has the right to withdraw a

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**Reasoning:** The Operational Creditor filed a memo seeking to withdraw the Company Petition. The court

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**Interpretation:** The court interprets the right to withdraw a petition as a procedural aspect

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**Application:** The court applied this principle by granting permission for the withdrawal of

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## Parties

- **Judges:** TELAPROLU…
- **Appellants:** Kalpataru Power…
- **Respondents:** Andhra Pradesh…
- **Advocates:** Niharika A…

## Timeline

- **2022-11-22 — Hearing…**: Hearing held on…

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