# In the matter of Celogen Pharma Pvt. Ltd. C.P.(IB)-3601(MB)-2019

> NCLT judgment dated 2020-01-03. Citation: TCN-2020-NCLT-02549. The case pertains to CP(IB)-3605(MB)/2019 filed under Section 9 of the Insolvency and…

- **Court:** NCLT
- **Order date:** 3 Jan 2020
- **Citation:** TCN-2020-NCLT-02549
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/celogen-pharma-pvt-ltd-cpib-3601mb-2019-33e16fad

## Summary

### Background

The case pertains to CP(IB)-3605(MB)/2019 filed under Section 9 of the Insolvency and Bankruptcy Code, 2016. Consent terms have been filed by the parties and taken on record.

## Facts

Aqsa Polypack Pvt Ltd filed a case against Celogen Generics Pvt Ltd under Section 9 of the Insolvency and Bankruptcy Code, 2016. The parties filed consent terms, which were taken on record by the National Company Law Tribunal (NCLT), Mumbai Bench. Consequently, the case CP.3605/2019 was dismissed as withdrawn. The Operational Creditor, Aqsa Polypack Pvt Ltd, was granted liberty to approach the Tribunal again in case of any default.

## Issues and analysis

### Issue 1: Whether CP.3605/2019 should be dismissed as withdrawn based on the consent terms filed by the …

**Ratio:** When parties file consent terms and the court takes them on record, the court can dismiss

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**Reasoning:** The court reasoned that since the parties had filed consent terms, and these terms were

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**Interpretation:** This reflects the principle that courts generally respect and enforce

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**Application:** The court applied this principle by dismissing CP.3605/2019 as withdrawn,

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## Parties

- **Judges:** Rajasekha…; Ravikumar…; +1 more
- **Appellants:** Aqsa Polypack Pvt…
- **Respondents:** Celogen Generics…

## Timeline

- **2020-01-03 — Order Da…**: Order sheet of the hearing held on 03.01.2020.…

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