# In the matter of Gurmeet Kaur Makan, CP (IB) No. 22/ND/2023

> NCLT judgment dated 2023-01-06. Citation: TCN-2023-NCLT-05162. The case pertains to IB-22/ND/2023 filed by the applicant, Mrs. Gurmeet Kaur Makan (Through…

- **Court:** NCLT
- **Order date:** 6 Jan 2023
- **Citation:** TCN-2023-NCLT-05162
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/gurmeet-kaur-makan-cp-ib-no-22nd2023-103af975

## Summary

### Background

The case pertains to IB-22/ND/2023 filed by the applicant, Mrs. Gurmeet Kaur Makan (Through RP). The application was filed under Section 94 of the Insolvency and Bankruptcy Code (IBC), 2016. The applicant's counsel sought to withdraw the present petition.

## Facts

Mrs. Gurmeet Kaur Makan (Through RP) filed a petition, IB-22/ND/2023, under Section 94 of the IBC, 2016. The applicant, through their counsel, requested the court to allow the withdrawal of the petition. The court considered the counsel's request and the stand taken by them. The court then dismissed the petition as withdrawn, granting the applicant the liberty to file a fresh petition after complying with Rule 6 of the Insolvency and Bankruptcy (Application to Adjudicating Authority for Insolvency Resolution Process for Personal Guarantors to CD) Rules, 2019. The court order also quotes the relevant provision regarding the service of the application to financial creditors and the corporate debtor.

## Issues and analysis

### Issue 1: Whether the applicant should be allowed …

**Ratio:** The court has the discretion to allow the withdrawal of a petition based on the

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**Reasoning:** The court considered the request of the applicant's counsel to withdraw the petition and

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**Interpretation:** The court interprets the procedural rules to allow for the withdrawal of a

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**Application:** In this case, the court allowed the withdrawal of the petition based on the

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## Parties

- **Judges:** Sh. Ashok Kumar…; SHRI. L. N.…
- **Appellants:** Gurmeet Kaur…

## Timeline

- **2023-01-06 — Order Del…**: Order delivered on 06.01.2023 dismissing the petition IB-22/ND/2023 as withdrawn with…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 94 — Application by debtor to initiate insolvency…](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-94)

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