# In the matter of Gammon Engineers And Contractors Private Limited

> NCLT judgment dated 2023-10-06. Citation: TCN-2023-NCLT-01341. The case involves a Corporate Insolvency Resolution Process (CIRP) application filed under…

- **Court:** NCLT
- **Order date:** 6 Oct 2023
- **Citation:** TCN-2023-NCLT-01341
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/gammon-engineers-and-contractors-private-limited-fd2d1904

## Summary

### Background

The case involves a Corporate Insolvency Resolution Process (CIRP) application filed under Section 9 of the Insolvency and Bankruptcy Code (IBC). The Operational Creditor (OC) sought permission to withdraw the Corporate Petition (CP).

## Facts

The Operational Creditor (OC) filed a Corporate Petition (CP) under the Insolvency and Bankruptcy Code (IBC). The OC subsequently sought oral permission from the National Company Law Tribunal (NCLT) to withdraw the CP. The court granted the permission, and the CP was disposed of as withdrawn. The OC was given the liberty to file another fresh CP. An Interlocutory Application (I.A.) related to the main CP was also disposed of following the withdrawal order.

## Issues and analysis

### Issue 1: Whether the Operational Creditor should be granted permission to withdraw the Corporate Petition …

**Ratio:** The court has the discretion to allow the withdrawal of a CIRP application if it deems

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**Reasoning:** The court granted permission based on the OC's request, implying that the court found

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**Interpretation:** This demonstrates the court's power to manage CIRP applications and allow

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**Application:** The OC's request was granted, and the CP was disposed of. This indicates that

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## Parties

- **Judges:** SANJIV…; K. R. SAJI…
- **Appellants:** ADO Additives…
- **Respondents:** Gammon Engineers…

## Timeline

- **2023-10-06 — Order Sheet of…**: Order sheet of hearing…

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