# In the matter of Concentris Metal Strategies Pvt.  Ltd. C.P. No. 1311-(MAH)-2017

> NCLT judgment dated 2017-09-20. Citation: TCN-2017-NCLT-00387. The case pertains to a Company Petition filed before the National Company Law Tribunal (NCLT),…

- **Court:** NCLT
- **Order date:** 20 Sept 2017
- **Citation:** TCN-2017-NCLT-00387
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/concentris-metal-strategies-pvt-ltd-cp-no-1311-mah-2017-acc81e04

## Summary

### Background

The case pertains to a Company Petition filed before the National Company Law Tribunal (NCLT), Mumbai Bench. The Petitioner's Counsel sought withdrawal of the Company Petition based on Consent Terms arrived at between the parties.

## Facts

A Company Petition was filed before the NCLT, Mumbai Bench. The Petitioner and Corporate Debtor were represented by their respective counsels. The Petitioner's Counsel filed Consent Terms seeking withdrawal of the Company Petition. The Bench considered these Consent Terms, which indicated an agreement between the parties. The key fact is the agreement between the parties, evidenced by the Consent Terms, which led to the withdrawal request.

## Issues and analysis

### Issue 1: Whether the Company Petition should be dismissed as withdrawn based on the Consent Terms filed by …

**Ratio:** A court or tribunal may dismiss a case if the parties have reached a settlement or

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**Reasoning:** The NCLT reasoned that the Consent Terms filed by the Petitioner's Counsel indicated an

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**Interpretation:** The interpretation is that when parties reach a mutual agreement and express

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**Application:** The ratio and reasoning were applied to the specific facts of the case, where

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## Parties

- **Judges:** B.S.V. Prakash…; V. Nallasen…
- **Appellants:** G.K Founder Pvt.…
- **Respondents:** Concentris Metal…

## Timeline

- **2017-09-20 — Hearing…**: Hearing of the Mumbai Bench of the…

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