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

> NCLT judgment dated 2021-07-27. Citation: TCN-2021-NCLT-01599. The case pertains to CP.IB/33/CHE/2021 before the National Company Law Tribunal, Chennai. The…

- **Court:** NCLT
- **Order date:** 27 Jul 2021
- **Citation:** TCN-2021-NCLT-01599
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/eta-engineering-pvt-ltd-cpib-33-che-2021-af77142d

## Summary

### Background

The case pertains to CP.IB/33/CHE/2021 before the National Company Law Tribunal, Chennai. The applicant and respondent were represented by advocates via video conferencing. The matter was settled out of court by full and final payment made by the respondent.

## Facts

EBM-Papst India Pvt Ltd filed a case (CP.IB/33/CHE/2021) against ETA Engineering Pvt Ltd under Section 9 of the IBC 2016. The applicant, EBM-Papst India Pvt Ltd, was represented by Ms. Apporva Vinjamur, Advocate. The respondent, ETA Engineering Pvt Ltd, was represented by Ms. Lily Francis, Advocate, through video conferencing. The parties informed the court that the matter had been settled out of court with a full and final payment made by the respondent. A memo to this effect was filed in the Registry on 2021-06-28 (SR No.2535). Consequently, the application was dismissed as withdrawn.

## Issues and analysis

### Issue 1: Whether the application should be dismissed as withdrawn given the out-of-court settlement between …

**Ratio:** When parties to a legal dispute reach a settlement outside of court and formally

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**Reasoning:** The court acknowledged the representation by both parties that the matter had been

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**Interpretation:** This reflects the principle that courts generally respect and facilitate

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**Application:** In this case, the court applied the principle by dismissing the application

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## Parties

- **Judges:** R. Sucha…; Anil Ku…
- **Appellants:** EBM-Papst India…
- **Respondents:** ETA Engineering…

## Timeline

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

## 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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