# In the matter of Ramcky Infrastructure Ltd. Company Petition IB-20-2021

> NCLT judgment dated 2022-08-23. Citation: TCN-2022-NCLT-01305. The case involves a Company Petition (IB/20/2021) before the National Company Law Tribunal…

- **Court:** NCLT
- **Order date:** 23 Aug 2022
- **Citation:** TCN-2022-NCLT-01305
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/ramcky-infrastructure-ltd-company-petition-ib-20-2021-954bb1fc

## Summary

### Background

The case involves a Company Petition (IB/20/2021) before the National Company Law Tribunal (NCLT), Hyderabad Bench. The petition was heard on August 23, 2022, via video conference. The petitioner sought to withdraw the petition.

## Facts

The Company Petition IB/20/2021 was filed before the NCLT Hyderabad Bench. The hearing took place on August 23, 2022, via video conference. The petitioner, Vyshnavi Constructions, sought to withdraw the petition. The respondent was Ramcky Infrastructure Ltd. The petition was filed under Section 9 of the IBC. The learned counsel for the operational creditor appeared via video conference. The petitioner requested to withdraw the petition seeking liberty to file a fresh petition under the appropriate provisions of the law. The court disposed of the petition as withdrawn.

## Issues and analysis

### Issue 1: Whether the petitioner should be allowed to …

**Ratio:** A petitioner is generally allowed to withdraw a petition if they so desire, especially

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**Reasoning:** The court considered the submission of the learned counsel for the operational creditor

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**Interpretation:** The interpretation is based on the principle that a party has the right to

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**Application:** In this case, the petitioner's request to withdraw the petition was granted,

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## Parties

- **Judges:** TELAPROLU…; Veera Brahma Rao…
- **Appellants:** Vyshnavi Construct…
- **Respondents:** Ramcky Infrastruct…

## Timeline

- **2021-01-01 — Company Petiti…**: Company Petition…
- **2022-08-23 — Hearing…**: Hearing of the petition…

## 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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