# In the matter of Suman Villas Pvt. Ltd. IA No. 546-2021 and CP (IB) No. 69-Chd-Hry-2021

> NCLT judgment dated 2022-04-11. Citation: TCN-2022-NCLT-03291. The case pertains to an application (IA No. 546/2021) filed in connection with a corporate…

- **Court:** NCLT
- **Order date:** 11 Apr 2022
- **Citation:** TCN-2022-NCLT-03291
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/suman-villas-pvt-ltd-ia-no-546-2021-and-cp-ib-no-69-chd-hry-2021-95fb5c8c

## Summary

### Background

The case pertains to an application (IA No. 546/2021) filed in connection with a corporate insolvency resolution process (CIRP) under Section 7 of the IBC 2016. The petitioner sought to withdraw the present petition and file a claim before the Interim Resolution Professional. CIRP process has already been ordered against the corporate debtor in CP(IB) No.131/Chd/Hry/2021.

## Facts

Akshay Bedi, the petitioner-financial creditor, filed a petition under Section 7 of the IBC 2016 against Suman Villas Pvt. Ltd., the respondent-corporate debtor. The petitioner sought to withdraw the petition to file a claim before the Interim Resolution Professional. A CIRP process had already been ordered against the corporate debtor in CP(IB) No.131/Chd/Hry/2021, where Mr. Sushil Kumar Singla is the petitioner against Suman Villas Private Limited. The affidavit of service was filed on 2021-11-03.

## Issues and analysis

### Issue 1: Whether the petitioner should be allowed to withdraw the present petition and file a claim before …

**Ratio:** A party is generally allowed to withdraw a petition if it serves the interests of justice

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**Reasoning:** The court considered the statement made by the learned counsel for the petitioner and the

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**Interpretation:** This issue involves the interpretation of procedural rules and the court's

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**Application:** The court applied the principle by allowing the petitioner to withdraw the

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## Parties

- **Judges:** SUBRATA KUM…; Harnam Singh…
- **Appellants:** Akshay…
- **Respondents:** Suman Villas Pvt.…

## Timeline

- **2021-11-03 — Affidavit of Service…**: Affidavit of service filed…
- **2022-04-08 — CIRP Ord…**: CIRP process ordered against the corporate…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 7 — Initiation of corporate insolvency resolution…](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-7)

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