# In the matter of ESDS Software Solutions Private Limited C.P. (IB)543(MB)-2019

> NCLT judgment dated 2019-05-03. Citation: TCN-2019-NCLT-03509. The case involves Tyco Fire and Security India Private Limited versus ESDS Software Solutions…

- **Court:** NCLT
- **Order date:** 3 May 2019
- **Citation:** TCN-2019-NCLT-03509
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/esds-software-solutions-private-limited-cp-ib543mb-2019-03860360

## Summary

### Background

The case involves Tyco Fire and Security India Private Limited versus ESDS Software Solutions Private Limited. The matter was brought before the National Company Law Tribunal (NCLT), Mumbai Bench.

## Facts

Tyco Fire and Security India Private Limited initiated proceedings against ESDS Software Solutions Private Limited under Section 9 of the Insolvency and Bankruptcy Code, 2016. During the hearing before the NCLT Mumbai Bench on May 3, 2019, both parties' counsel informed the tribunal that they had reached an amicable settlement. They filed consent terms, which the tribunal took on record. Consequently, the petitioner requested the dismissal of the petition, which the tribunal granted.

## Issues and analysis

### Issue 1: Whether the petition should be dismissed based on the amicable settlement reached between the …

**Ratio:** When parties to a legal dispute reach an amicable settlement and file consent terms, the

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**Reasoning:** The tribunal reasoned that since both parties had settled the matter amicably and filed

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**Interpretation:** This interpretation allows for the efficient resolution of disputes when

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**Application:** In this case, the ratio and reasoning were applied directly to the facts. The

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## Parties

- **Judges:** Bhaskara Pantula…; V. Nallasen…
- **Appellants:** Tyco Fire and…
- **Respondents:** ESDS Software…

## Timeline

- **2019-05-03 — Hearing…**: Hearing of the Mumbai Bench of the…
- **2019-05-03 — Settlement and…**: Counsel for both sides submitted that the matter was amicably settled. The petition was…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 9 — Application for initiation of corporate insolvency…](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-9)

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