# In the matter of Avena Milk Products Pvt. Ltd. IB-273-ND-2022

> NCLT judgment dated 2022-04-11. Citation: TCN-2022-NCLT-03294. The case involves an application filed under Section 9 of the Insolvency and Bankruptcy Code…

- **Court:** NCLT
- **Order date:** 11 Apr 2022
- **Citation:** TCN-2022-NCLT-03294
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/avena-milk-products-pvt-ltd-ib-273-nd-2022-1cd6a75e

## Summary

### Background

The case involves an application filed under Section 9 of the Insolvency and Bankruptcy Code (IBC). The applicant sought to withdraw the application with the liberty to take appropriate steps in accordance with the provisions of law.

## Facts

The applicant, Chandrakanta, filed an application under Section 9 of the IBC against the respondent, M/s Avena Milk Products Pvt. Ltd. During the proceedings, the applicant sought permission to withdraw the application with the liberty to take appropriate steps in accordance with the provisions of law. The court heard the arguments and allowed the applicant's request.

## Issues and analysis

### Issue 1: Whether the applicant should be granted permission to withdraw the application filed under Section …

**Ratio:** The court has the discretion to allow the withdrawal of an application if it deems fit,

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**Reasoning:** The court considered the arguments presented by the Ld. Counsel and found merit in the

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**Interpretation:** The interpretation of the law allows for the withdrawal of applications under

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**Application:** In this case, the court applied the principle of allowing withdrawal by

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## Parties

- **Judges:** ABNI RANJAN KUMAR…; L. N. G…
- **Appellants:** Chandra…
- **Respondents:** M/s Avena Milk…

## Timeline

- **2022-04-11 — Order Del…**: The order was delivered, dismissing the application as withdrawn and granting the…

## 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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