# In the matter of Dalmia Healthcare Ltd. IA-2333-2020 in IB 1532(ND)-2019

> NCLT judgment dated 2020-07-01. Citation: TCN-2020-NCLT-01081. An application was filed under Section 12A of the IBC through the IRP, stating that the CoC,…

- **Court:** NCLT
- **Order date:** 1 Jul 2020
- **Citation:** TCN-2020-NCLT-01081
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/dalmia-healthcare-ltd-ia-2333-2020-in-ib-1532nd-2019-4c116016

## Summary

### Background

An application was filed under Section 12A of the IBC through the IRP, stating that the CoC, with 100% voting share, settled the matter on June 15, 2020. The IRP's fees and expenses have been paid. The settlement was brought to the notice of the NCLAT during an appeal against the order dated February 13, 2020, and the appeal was withdrawn.

## Facts

Randstad India Pvt. Ltd. initiated CIRP against Dalmia Healthcare Ltd. The CoC, with 100% voting share, settled the matter on June 15, 2020. The IRP's fees and expenses were paid. An appeal against the order dated February 13, 2020, was withdrawn from the NCLAT. The application was filed under Section 12A of the IBC. The settlement was reached before the NCLAT hearing. The key fact is the settlement by the CoC, leading to the termination of the CIRP.

## Issues and analysis

### Issue 1: Whether the settlement reached by the CoC under Section 12A of the IBC warrants the termination of …

**Ratio:** Section 12A of the IBC allows for the withdrawal of an application admitted under Section

…

**Reasoning:** The court considered the fact that the CoC, with 100% voting share, had settled the

…

**Interpretation:** Section 12A provides a mechanism for parties to amicably resolve disputes and

…

**Application:** In this case, the CoC's unanimous decision to settle the matter justified the

…

## Parties

- **Judges:** CH. MOHD SHARIEF…; SMT SUMITA…
- **Respondents:** Dalmia Healthcare…
- **Advocates:** Chitranshul A.…; Sonali K…; +5 more

## Timeline

- **2020-02-13 — Order Da…**: Date of the order against which an…
- **2020-06-15 — Settlemen…**: Date on which the CoC, with 100%…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 12A — (1) Subject to sub](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-12a)

---

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/dalmia-healthcare-ltd-ia-2333-2020-in-ib-1532nd-2019-4c116016