# In the matter of OM Pizzas and Eats India Pvt. Ltd.

> NCLT judgment dated 2023-08-03. Citation: TCN-2023-NCLT-02183. The case involves M/s. Gozoop Online Pvt. Ltd. as the applicant/petitioner and OM Pizzas and…

- **Court:** NCLT
- **Order date:** 3 Aug 2023
- **Citation:** TCN-2023-NCLT-02183
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/om-pizzas-and-eats-india-pvt-ltd-7c2a4a27

## Summary

### Background

The case involves M/s. Gozoop Online Pvt. Ltd. as the applicant/petitioner and OM Pizzas and Eats India Pvt. Ltd. as the respondent. The application was filed under Section 9 of the Insolvency and Bankruptcy Code (IBC), 2016. The applicant's counsel sought to withdraw the present application.

## Facts

M/s. Gozoop Online Pvt. Ltd. filed an application against OM Pizzas and Eats India Pvt. Ltd. under Section 9 of the IBC, 2016. The applicant, M/s. Gozoop Online Pvt. Ltd., through its counsel, sought to withdraw the application. The court then dismissed the application based on the counsel's request for withdrawal. The key fact is the applicant's decision to withdraw the application, leading to its dismissal.

## Issues and analysis

### Issue 1: Whether the application filed by M/s. Gozoop Online Pvt. Ltd. against OM Pizzas and Eats India Pvt. …

**Ratio:** An applicant has the right to withdraw an application filed before a court or tribunal,

…

**Reasoning:** The court accepted the statement of the applicant's counsel seeking to withdraw the

…

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

…

**Application:** In this specific case, the applicant's counsel requested the withdrawal of the

…

## Parties

- **Judges:** SHRI. ASHOK KUMAR…; Shri. L. N.…
- **Appellants:** M/s. Gozoop…
- **Respondents:** OM Pizzas and…

## Timeline

- **N/A — Application…**: M/s. Gozoop Online Pvt. Ltd. filed an application against OM Pizzas and Eats India Pvt.…
- **2023-08-03 — Order Del…**: The court dismissed the application as withdrawn based on the applicant's counsel's…

## 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)

---

This is a preview. The full structured summary, issues, precedents and source judgment are available on CaseEase - Legal Intelligence Simplified: https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/om-pizzas-and-eats-india-pvt-ltd-7c2a4a27