# In the matter of State Bank of India vs. Vivek Sachdev

> NCLT judgment dated 2023-03-20. Citation: TCN-2023-NCLT-04143. The State Bank of India filed an application under Section 95 of the Insolvency and Bankruptcy…

- **Court:** NCLT
- **Order date:** 20 Mar 2023
- **Citation:** TCN-2023-NCLT-04143
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/state-bank-of-india-vs-vivek-sachdev-69823819

## Summary

### Background

The State Bank of India filed an application under Section 95 of the Insolvency and Bankruptcy Code (IBC), 2016. The applicant subsequently sought to withdraw the application.

## Facts

The State Bank of India, as the applicant/petitioner, filed an application under Section 95 of the IBC, 2016. The applicant then sought to withdraw the present application. The court considered the applicant's request and dismissed the application as withdrawn. The applicant was granted liberty to approach the IBBI for redressal of grievances.

## Issues and analysis

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

**Ratio:** An applicant has the right to withdraw an

…

**Reasoning:** The court considered the applicant's

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**Interpretation:** The interpretation is based on the procedural aspect of allowing an applicant

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**Application:** The applicant, State Bank of India, sought to withdraw the application, and the

…

## Parties

- **Judges:** SHRI. ASHOK KUMAR…; Shri. L. N.…
- **Appellants:** The State Bank of…
- **Respondents:** Sh. Vivek S…
- **Advocates:** Harshit…

## Timeline

- **2023-03-20 — Order Del…**: The order was delivered…

## Legal provisions

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

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