# In the matter of Naresh Babulal Shah, CP(IB)/168(AHM)2022

> NCLT judgment dated 2022-08-23. Citation: TCN-2022-NCLT-01311. The case pertains to proceedings under Section 94 of the Insolvency and Bankruptcy Code (IBC).…

- **Court:** NCLT
- **Order date:** 23 Aug 2022
- **Citation:** TCN-2022-NCLT-01311
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/naresh-babulal-shah-cpib168ahm2022-7b3fa95b

## Summary

### Background

The case pertains to proceedings under Section 94 of the Insolvency and Bankruptcy Code (IBC). The applicant sought withdrawal of the application.

## Facts

The applicant, Naresh Babulal Shah (Personal Guarantor), filed an application under Section 94 of the IBC. The applicant's counsel stated that they were instructed by the applicant to withdraw the application. The court considered this request and ultimately granted the withdrawal, disposing of the case.

## Issues and analysis

### Issue 1: Whether the applicant's request for …

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

…

**Reasoning:** The court reasoned that the applicant's counsel had been instructed by the applicant to

…

**Interpretation:** The interpretation of the law allows for the withdrawal of applications under

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**Application:** In this specific case, the court applied the ratio by considering the

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## Parties

- **Judges:** DEEPTI M…; Ajai Das Me…
- **Appellants:** Naresh Babulal…

## Timeline

- **2022-08-23 — Order Del…**: The order was delivered on August 23, 2022,…

## 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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