# In the matter of Eva Exotica Pvt. Ltd. C.P. (IB)-1(KB)2019

> NCLT judgment dated 2022-12-13. Citation: TCN-2022-NCLT-00168. The case involves a petition filed by Sunita Devi, the sole proprietor of PK & Company, against…

- **Court:** NCLT
- **Order date:** 13 Dec 2022
- **Citation:** TCN-2022-NCLT-00168
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/eva-exotica-pvt-ltd-cp-ib-1kb2019-06e82f4c

## Summary

### Background

The case involves a petition filed by Sunita Devi, the sole proprietor of PK & Company, against Eva Exotica Pvt Ltd. The petition was filed under Section 9 of the Insolvency and Bankruptcy Code (IBC).

## Facts

Sunita Devi, the sole proprietor of PK & Company, filed a petition against Eva Exotica Pvt Ltd under Section 9 of the IBC. During the hearing on December 13, 2022, the counsel appearing for the petitioner sought to withdraw the petition. The court considered this request and dismissed the petition as withdrawn.

## Issues and analysis

### Issue 1: Whether the petitioner should be …

**Ratio:** A petitioner has the right to withdraw a petition filed before a court or tribunal,

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**Reasoning:** The court considered the request of the counsel appearing for the petitioner to withdraw

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**Interpretation:** The interpretation is that the court has the discretion to allow the withdrawal

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**Application:** In this case, the court applied the principle by allowing the petitioner to

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## Parties

- **Judges:** RohitKa…; Balraj…
- **Appellants:** Sunita…
- **Respondents:** Eva Exotica Pvt…
- **Advocates:** Reetobrata…; Swapna Ch…; +5 more

## Timeline

- **2022-12-13 — Hearing…**: Hearing held on December 13, 2022, at 10:30 A.M. The petitioner sought to withdraw the…
- **N/A — Petition Di…**: The petition was dismissed as withdrawn…

## 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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