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Judgment
3 paragraphs · 108 words
ORDER
Ld. Counsel for the operational creditor appears. We perused records. It is seen that notice under section 8 of IBC is initiated by the Proprietary firm and even under section 9 it is initiated by proprietary firm, which is not judicial person and it cannot initiate CIRP, in view of section 3(23) of IBC. In view of this, Ld. Counsel for the operational creditor seeks permission to withdraw the application with a liberty to file afresh. We allow his prayer. Proprietor of the firm may send notice under section 8 of IBC and file petition afresh subject to law of limitation.
Matter stands withdrawn and disposed off.