The National Company Law Tribunal allowed the withdrawal of the petitioner's application under Section 7 IBC, holding it not maintainable in light of Supreme Court guidance.
Withdrawal of the petition under Section 7 IBC, 2016 is allowed.
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THE NATIONAL COMPANY LAW TRIBUNAL CHANDIGARH BENCH, CHANDIGARH ( through web-based video conferencing platform )
Item 25 CP(IB) No.270/Chd/Hry/2019 Under Section 7 IBC, 2016
In the matter of:-
Rachita Jain & Roshan Jain
…..Petitioner-Financial Creditor
Vs.
Ramprastha Developers Pvt. Ltd. ….Respondent-Corporate Debtor Present through Video Conferencing:
Mr. Akshay Srivastva, Advocate for petitioner.
Mr. Anand Chibbar, Senior Advocate with Mr. Vaibhav Sahni, Advocate for respondent.
It is submitted by learned counsel for the petitioner that he wants to withdraw
the present petition as the same is not maintainable. Heard learned counsel for the parties. In view of the decision dated 19.01.2021 passed by the Hon’ble Supreme
Court in Writ Petition (C) No. 26 of 2020 in Manish Kumar Vs. Union of India (UOI) and Ors. and keeping in view the facts and circumstances of the case, the
present petition is dismissed as withdrawn.
Sd/Sd/- (Subrata Kumar Dash) (Harnam Singh Thakur) Member (Technical) (Member (Judicial)
March 9, 2022 HM
CP(IB) No.270/Chd/Hry/2019
Rachita Jain & Roshan Jain
Ramprastha Developers Pvt. Ltd.
Subrata Kumar Dash
Harnam Singh Thakur
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
