# In the matter of ETA Engineering Pvt. Ltd. CP(IB)-33-CHE-2021

> NCLT judgment dated 2021-07-27. Citation: TCN-2021-NCLT-01600. The case involves CP.IB/33/CHE/2021 before the National Company Law Tribunal, Chennai. The…

- **Court:** NCLT
- **Order date:** 27 Jul 2021
- **Citation:** TCN-2021-NCLT-01600
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/eta-engineering-pvt-ltd-cpib-33-che-2021-1bdfa455

## Summary

### Background

The case involves CP.IB/33/CHE/2021 before the National Company Law Tribunal, Chennai. The applicant is represented by Ms. Apporva Vinjamur, Advocate, and the respondent is represented by Ms. Lily Francis, Advocate, through video conferencing. The matter was settled out of court with a full and final payment made by the respondent, and a memo to that effect was filed in the Registry on 2021-06-28.

## Facts

The case CP.IB/33/CHE/2021 was filed before the National Company Law Tribunal (NCLT), Chennai. EBM-Papst India Pvt Ltd was the petitioner, and ETA Engineering Pvt Ltd was the respondent. The application was filed under Section 9 of the Insolvency and Bankruptcy Code (IBC) 2016. The applicant was represented by Ms. Apporva Vinjamur, and the respondent was represented by Ms. Lily Francis. The parties informed the court that they had settled the matter out of court through a full and final payment made by the respondent. A memo regarding this settlement was filed in the Registry on 2021-06-28. Consequently, the application was dismissed as withdrawn. The key fact is the out-of-court settlement, which led to the dismissal of the application.

## Issues and analysis

### Issue 1: Whether the application under Section 9 of the IBC 2016 should be dismissed given the settlement …

**Ratio:** When parties to a legal proceeding reach a settlement outside of court and duly inform

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**Reasoning:** The court reasoned that since both parties represented that the matter had been settled

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**Interpretation:** This legal issue involves the interpretation of the court's power to dismiss a

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**Application:** In this case, the ratio and reasoning were applied to the specific facts where

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## Parties

- **Judges:** R. Sucha…; SHRI. ANIL…
- **Appellants:** EBM-Papst India…
- **Respondents:** ETA Engineering…
- **Advocates:** Apporva Vi…; Lily Fr…

## Timeline

- **2021-06-28 — Settlement Me…**: A memo regarding the out-of-court settlement…
- **2021-07-27 — Hearing…**: Hearing held on 2021-07-27 at 10.30…

## 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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