# 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-03517. 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-03517
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/esds-software-solutions-private-limited-cp-ib543mb-2019-0a16ef8e

## 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 under Section 9 of the Insolvency and Bankruptcy Code, 2016.

## 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. Both parties appeared through their counsel and informed the court that they had reached an amicable settlement. They filed consent terms, which the court took on record. Subsequently, at the request of the petitioner (Tyco Fire and Security India Private Limited), the petition was dismissed as not pressed, indicating the petitioner no longer wished to pursue the matter.

## Issues and analysis

### Issue 1: Whether the petition filed under Section 9 of the Insolvency and Bankruptcy Code, 2016 can be …

**Ratio:** A petition can be dismissed if the parties have reached an amicable settlement and the

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**Reasoning:** The court acknowledged the submission of both parties' counsel that the matter had been

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**Interpretation:** The interpretation is that the court has the discretion to dismiss a petition

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**Application:** In this specific case, the court applied the ratio by dismissing the petition

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## Parties

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

## Timeline

- **2019-05-03 — Order Shee…**: Order sheet of the hearing of Mumbai Bench…

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