# In the matter of Ever Health LIfe Sciences (P) Ltd. CP (IB) No. 752-9-HDB-2018

> NCLT judgment dated 2019-03-01. Citation: TCN-2019-NCLT-04632. The case pertains to a company petition/application with the number CP (IB) NO. 752/9/HDB/2018…

- **Court:** NCLT
- **Order date:** 1 Mar 2019
- **Citation:** TCN-2019-NCLT-04632
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/ever-health-life-sciences-p-ltd-cp-ib-no-752-9-hdb-2018-64dd56aa

## Summary

### Background

The case pertains to a company petition/application with the number CP (IB) NO. 752/9/HDB/2018 before the National Company Law Tribunal, Hyderabad Bench. The petitioner sought to withdraw the matter, stating that it has been settled between the parties.

## Facts

The case involves Ever Health Life Sciences (P) Ltd as the company, Shika Enterprises Proprietorship as the petitioner, and Ever Health Life Sciences (P) Ltd as the respondent. The petitioner sought to withdraw the matter, stating a settlement had been reached between the parties. A memo seeking permission to withdraw was filed and taken on record by the court. The case was filed under Section 9 of the IBC.

## Issues and analysis

### Issue 1: Whether the petitioner's request to withdraw the matter based on a settlement between the parties …

**Ratio:** A matter can be withdrawn if the parties have

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**Reasoning:** The court reasoned that since the parties had reached a settlement and the petitioner

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**Interpretation:** This aligns with the principle that parties are free to settle their disputes

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**Application:** The ratio and reasoning were applied to the specific facts of the case, where

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## Parties

- **Judges:** K. Anantha…
- **Appellants:** Shika Enterprises…
- **Respondents:** Ever Health Life…

## Timeline

- **2018-03-01 — Hearing…**: Hearing held on 01.03.2018 at 10:30 AM where the petitioner's counsel stated that the…
- **N/A — Withdrawal of…**: The court closed CP(IB)No.752/9/HDB/2018 as withdrawn after the petitioner filed a memo…

## 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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