# In the matter of Faizan Shoes Pvt . Ltd. IBA-307-2020

> NCLT judgment dated 2021-02-18. Citation: TCN-2021-NCLT-03005. The case involves a petition filed under IBA/307/2020. A Joint Compromise Memo was filed vide…

- **Court:** NCLT
- **Order date:** 18 Feb 2021
- **Citation:** TCN-2021-NCLT-03005
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/faizan-shoes-pvt-ltd-iba-307-2020-0e9c7172

## Summary

### Background

The case involves a petition filed under IBA/307/2020. A Joint Compromise Memo was filed vide SR.No.2785 dated 06.10.2020. The petitioner sought to withdraw the petition based on the Joint Compromise Memo, and a Withdrawal Memo dated 06.10.2020 was filed.

## Facts

A petition was filed under IBA/307/2020. A Joint Compromise Memo was filed on 06.10.2020 (SR.No.2785). The petitioner sought to withdraw the petition based on this compromise, submitting a Withdrawal Memo also dated 06.10.2020. The petitioner's representative was present via video conferencing. The court considered both memos.

## Issues and analysis

### Issue 1: Whether the petition should be dismissed as withdrawn based on the Joint Compromise Memo and the …

**Ratio:** A petition can be dismissed as withdrawn if the parties have reached a compromise and the

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**Reasoning:** The court considered the Joint Compromise Memo and the Withdrawal Memo filed by the

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**Interpretation:** The legal principle allows for the withdrawal of a petition when a compromise

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**Application:** In this case, the existence of the Joint Compromise Memo and the Withdrawal

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## Parties

- **Judges:** R. VARADH…; Anil Ku…
- **Respondents:** Faizan Shoes Pvt…

## Timeline

- **2020-10-06 — Joint Compromise Memo…**: A Joint Compromise Memo…
- **2020-10-06 — Withdrawal Me…**: A Withdrawal Memo was…

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