# In the matter of State Bank of India Vs. Rajesh Sonthalia, CP (IB)/33(KB)/2022

> NCLT judgment dated 2022-05-19. Citation: TCN-2022-NCLT-02701. The case involves a petition filed under Section 95(1) of an unspecified act. The petitioner is…

- **Court:** NCLT
- **Order date:** 19 May 2022
- **Citation:** TCN-2022-NCLT-02701
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/state-bank-of-india-vs-rajesh-sonthalia-cp-2f1905c4

## Summary

### Background

The case involves a petition filed under Section 95(1) of an unspecified act. The petitioner is State Bank of India and the respondent is Rajesh Sonthalia. The matter was heard on May 19, 2022. The proof of service of the demand notice of the personal guarantor was not filed with the petition, and no postal receipts were attached.

## Facts

State Bank of India filed a petition against Rajesh Sonthalia. During the hearing on May 19, 2022, it was observed that the proof of service of the demand notice to the personal guarantor was not filed along with the petition, and no postal receipts were attached. The counsel for the petitioner, upon instruction, requested to withdraw the petition with the liberty to file a fresh petition. This request was made because of the initial filing's deficiencies. The court then dismissed the petition as withdrawn, granting the petitioner the liberty to file a fresh petition.

## Issues and analysis

### Issue 1: Whether the petition should be dismissed as withdrawn given the absence of proof of service of the …

**Ratio:** A party has the right to withdraw a petition, especially when there are deficiencies in

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**Reasoning:** The court considered the submission of the petitioner's counsel who requested to withdraw

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**Interpretation:** This legal issue involves the interpretation of procedural rules and the

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**Application:** In this specific case, the ratio and reasoning were applied to the facts where

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## Parties

- **Judges:** Rajasekha…; Balraj…
- **Appellants:** State Bank of…
- **Respondents:** RAJESH SON…

## Timeline

- **2022-05-19 — Hearing…**: Hearing held on May 19, 2022, at 10:30 A.M. where the absence of proof of service of…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 95(1) — Application by creditor to initiate insolvency…](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-95)

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