Leave is required only for withdrawal of petitions filed u/s 241 of the Companies Act, 2013 and, no permission/liberty is required for filing a fresh company petition upon obtaining leave of withdrawal of the Company Petition – Taashee Linux Services Pvt. Ltd. Vs. Rajeev Satpal Lakhanpal – NCLT Hyderabad Bench
NCLT held that going by the tenor and spirit of the Section 424 of the Companies Act, 2013, this Tribunal without any hesitation holds that the ingredients of Civil Procedure Code are inapplicable in stricto senso of the term, in relation to the matters under the Companies Act, 2013. Indeed, the prohibition/ fetter of Civil Procedure Code are not binding on the Tribunal/ Appellate Tribunal (creatures of Law) and they are free to regulate their own procedure, in regard to the conduct of proceedings, before it.
The Order 23 Sub rule 4(b) of Code of Civil Procedure, is not made applicable to the proceedings before this Tribunal, and Sub Rule (1) of Rule 82 does not contempt liberty/leave from the Tribunal to file a fresh application after withdrawal of the Company Petition, the prayer in this petition to the extent of granting liberty to file fresh Company Petition is un called for. Therefore, what is required to be done under Rule 82(1) above, is only to consider whether or not leave for withdrawal of the Company Petition can be granted.
