Tribunals and CommissionsDivision Bench

Rohit Gupta Vs Concept Capital Infra Projects Pvt. Ltd

National Company Law Appellate Tribunal · Decided on 2 January 2024 · Citation: (2024) 01 NCLT CK 0001

HON’BLE JUDGES
Mahendra Khandelwal, Member (J) · Dr. Sanjeev Ranjan, Member (T)
ACTS & SECTIONS REFERRED
Insolvency and Bankruptcy Code, 2016 — Section 7 · National Company Law Tribunal Rules, 2016 — Rule 11
RESULT
Dismissed
CASE NUMBER
CP IB 688 Of 2023
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Judgment

4 paragraphs · 167 words

New IA6736/2023:-

This is an application under Rule 11 of NCLT Rules, 2016 filed by the Authorised Representative of 69 Financial Creditors seeking liberty to withdraw the present Section 7 petition with a liberty to file a fresh petition. Heard Ld. Counsel for the Applicant. As mentioned in Para-4 of the application, the Applicant wants to withdraw the present petition, "so as to file the application afresh with better particulars with respect to maintainability of the petition under Section 7 of the Code."

The Applicant in Para 5 has also stated that they have re-right to file Section 7 petition.

We have considered the prayer made by the Applicant. The liberty is granted to the Applicant to withdraw the petition bearing No. CP IB-688/ND/2023. As far as liberty to file a fresh petition is concerned, we make it clear that if the law permits, the Applicant may file a fresh petition. With these observations, the present IA is disposed off and CP IB-688/2023 is dismissed as withdrawn.