# In the matter of Medeor Hospital Ltd. IB-1072-ND-2020

> NCLT judgment dated 2022-02-28. Citation: TCN-2022-NCLT-03953. The case involves Translumina Therapeutics LLP as the applicant and Medeor Hospital Ltd. as the…

- **Court:** NCLT
- **Order date:** 28 Feb 2022
- **Citation:** TCN-2022-NCLT-03953
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/medeor-hospital-ltd-ib-1072-nd-2020-a07aca7d

## Summary

### Background

The case involves Translumina Therapeutics LLP as the applicant and Medeor Hospital Ltd. as the respondent. The applicant sought to withdraw the present application due to a default in filing/issuance of a demand notice.

## Facts

Translumina Therapeutics LLP filed a Company Petition against Medeor Hospital Ltd. The applicant, Translumina Therapeutics LLP, sought to withdraw the application. Ms. Megha Aggarwal submitted that there was a default in filing/issuance of a demand notice. Due to this default, the petitioner wished to withdraw the present application. The Company Petition number was IB-1072/ND/2020.

## Issues and analysis

### Issue 1: Whether the Company Petition IB-1072/ND/2020 should be dismissed as withdrawn given the applicant's …

**Ratio:** A petitioner can withdraw an application if there are sufficient grounds, such as a

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**Reasoning:** The court considered the submission that there was a default in filing/issuance of a

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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 ratio and reasoning were applied to the specific facts where

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## Parties

- **Judges:** ABNI RANJAN KUMAR…; RAHUL BHA…
- **Appellants:** Translumina…
- **Respondents:** Medeor Hospital…

## Timeline

- **2022-02-28 — Order Del…**: The order for the case was…

## 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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