# In the matter of Arshiya Limited T.C.P. No. 547-(MAH)-2017

> NCLT judgment dated 2017-09-04. Citation: TCN-2017-NCLT-00487. The case pertains to TCP No. 547/(MAH)/2017 before the National Company Law Tribunal, Mumbai…

- **Court:** NCLT
- **Order date:** 4 Sept 2017
- **Citation:** TCN-2017-NCLT-00487
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/arshiya-limited-tcp-no-547-mah-2017-1bdcb411

## Summary

### Background

The case pertains to TCP No. 547/(MAH)/2017 before the National Company Law Tribunal, Mumbai Bench. The matter involves STUP Consultants Pvt. Ltd. V/s. Arshiya Limited. The hearing took place on 04.09.2017.

## Facts

STUP Consultants Pvt. Ltd. initiated proceedings against Arshiya Limited. A hearing was held on September 4, 2017, before the Mumbai Bench of the National Company Law Tribunal (NCLT). During the hearing, the counsel for the petitioner (STUP Consultants) and the corporate debtor (Arshiya Limited) were present. The petitioner's counsel informed the bench that a memo for withdrawal of the case had been filed with the registry, and proof of filing was presented. The basis for the withdrawal was a settlement reached between the parties. The key fact is the settlement between the parties, which led to the petitioner seeking to withdraw the case.

## Issues and analysis

### Issue 1: Whether the NCLT was justified in dismissing the TCP 547/17 as withdrawn based on the settlement …

**Ratio:** A court or tribunal can dismiss a case as withdrawn if the parties have reached a

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**Reasoning:** The NCLT dismissed the case after being informed that the parties had reached a

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**Interpretation:** This reflects the court's interpretation of its power to dismiss cases when

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**Application:** In this specific case, the ratio and reasoning were applied to the facts

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## Parties

- **Judges:** B.S.V. Prakash…; V. Nallasen…
- **Appellants:** STUP Consultants…
- **Respondents:** Arshiya L…

## Timeline

- **2017-09-04 — Hearing…**: Hearing of Mumbai Bench of the…
- **2017-09-04 — Case Dism…**: TCP 547/17 dismissed as withdrawn…

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This is a preview. The full structured summary, issues, precedents and source judgment are available on CaseEase - Legal Intelligence Simplified: https://caseease.in/cases/ibc/nclt-chandigarh/arshiya-limited-tcp-no-547-mah-2017-1bdcb411