# In the matter of Emaar Hills Township Pvt. Ltd. CP (IB) No. 394-7-HDB-2020

> NCLT judgment dated 2023-03-31. Citation: TCN-2023-NCLT-03972. The case pertains to a company petition/application filed before the National Company Law…

- **Court:** NCLT
- **Order date:** 31 Mar 2023
- **Citation:** TCN-2023-NCLT-03972
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/emaar-hills-township-pvt-ltd-cp-ib-no-394-7-hdb-2020-0524a1a3

## Summary

### Background

The case pertains to a company petition/application filed before the National Company Law Tribunal (NCLT), Hyderabad Bench. The petitioner sought to withdraw the application.

## Facts

The key facts are that a company petition/application (CP (IB) No.394/7/HDB/2020) was filed before the NCLT, Hyderabad Bench. The petitioner, Srinivas Mantena & others, sought to withdraw the application. The respondent was Emmar Hills Township Pvt Ltd. The application was filed under Section 7 of the IBC. The court considered the withdrawal memo and dismissed the application.

## Issues and analysis

### Issue 1: Whether the application filed by the petitioner can be dismissed as withdrawn based on the …

**Ratio:** The legal principle applied is that a petitioner has the right to withdraw an application

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**Reasoning:** The court reasoned that since the petitioner's counsel filed a withdrawal memo seeking to

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**Interpretation:** The interpretation is that the court acknowledged the petitioner's right to

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

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## Parties

- **Judges:** TELAPROLU…; SH. CHARAN…
- **Appellants:** Srinivas Mantena…
- **Respondents:** Emmar Hills…

## Timeline

- **2020-01-01 — Company Petiti…**: CP (IB) No.394/7/HDB/202…
- **2023-03-31 — Hearing…**: Hearing held on 31.03.2023 at…

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