# In the matter of Drishti Buildhomes Private Limited CP No. (IB)-06-9-JPR-2018

> NCLT judgment dated 2022-07-26. Citation: TCN-2022-NCLT-01570. The case involves an application under Section 9 of the Insolvency and Bankruptcy Code, 2016…

- **Court:** NCLT
- **Order date:** 26 Jul 2022
- **Citation:** TCN-2022-NCLT-01570
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/drishti-buildhomes-private-limited-cp-no-ib-06-9-jpr-2018-0d7a581f

## Summary

### Background

The case involves an application under Section 9 of the Insolvency and Bankruptcy Code, 2016 (IBC) by R. K. Construction Company, the Operational Creditor, against Drishti Buildhomes Private Limited, the Corporate Debtor. The Operational Creditor sought to initiate the Corporate Insolvency Resolution Process (CIRP) against the Corporate Debtor. The matter was heard through video conferencing.

## Facts

R. K. Construction Company, the Operational Creditor, filed a petition under Section 9 of the IBC, 2016, against Drishti Buildhomes Private Limited, the Corporate Debtor. During the hearing, the counsel for the Operational Creditor, Anurag Kalavatiya, Adv., stated that they had no instructions from their client to prosecute the matter and were unable to contact them. Consequently, the counsel sought to withdraw the petition. The NCLT Jaipur Bench considered the submission and dismissed the petition as withdrawn.

## Issues and analysis

### Issue 1: Whether the petition filed under Section 9 of the IBC, 2016, can be dismissed as withdrawn based on …

**Ratio:** A petition can be dismissed as withdrawn if the petitioner's counsel submits that they

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**Reasoning:** The court reasoned that the Operational Creditor's counsel's inability to obtain

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**Interpretation:** This interpretation allows for the dismissal of a petition when the petitioner

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**Application:** In this case, the Operational Creditor's counsel's explicit statement that they

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## Parties

- **Judges:** Deep Chandr…; Prasanta Kumar…
- **Appellants:** R. K. Construction…
- **Respondents:** Drishti Buildhomes…

## Timeline

- **2018-01-01 — CP No. (IB)- 06/9/JPR/20…**: CP No. (IB)- 06/9/JPR/2018 was…
- **2022-07-26 — Order Is…**: The NCLT Jaipur Bench dismissed CP No.…

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