# In the matter of Surendra Agarwal, CP (IB) No. 25/94(1)/JPR/2022

> NCLT judgment dated 2022-10-20. Citation: TCN-2022-NCLT-00661. The case pertains to an application filed under Section 94(1) of the Insolvency and Bankruptcy…

- **Court:** NCLT
- **Order date:** 20 Oct 2022
- **Citation:** TCN-2022-NCLT-00661
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/surendra-agarwal-cp-ib-no-25941jpr2022-18d1d662

## Summary

### Background

The case pertains to an application filed under Section 94(1) of the Insolvency and Bankruptcy Code (IBC), 2016. The applicant, Mr. Surendra Agarwal, sought to withdraw the application.

## Facts

Mr. Surendra Agarwal filed an application under Section 94(1) of the IBC, 2016. Mr. Akshat Khandelwal, Advocate, represented the applicant. Mr. Vishnu Upadhyay, the Resolution Professional, was present in person. The applicant sought to withdraw the application, and the court granted permission for the withdrawal. Consequently, CP No. (IB)-25/94(1)/JPR/2022 was dismissed as withdrawn. The key fact is the applicant's request to withdraw the application and the subsequent dismissal by the court.

## Issues and analysis

### Issue 1: Whether the applicant should be granted permission to withdraw the application filed under Section …

**Ratio:** The legal principle applied is the court's discretion to allow the withdrawal of an

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**Reasoning:** The court reasoned that the applicant's request to withdraw the application was valid,

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**Interpretation:** The interpretation is that the court has the authority to permit the withdrawal

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**Application:** The ratio and reasoning were applied to the specific facts of the case, where

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## Parties

- **Judges:** Deep Chandr…; Prasanta Kumar…
- **Appellants:** Surendra A…

## Timeline

- **N/A — Application…**: Mr. Surendra Agarwal filed an…
- **N/A — Withdrawal…**: The applicant sought to…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 94(1) — Application by debtor to initiate insolvency…](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-94)

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