# In the matter of Gammon India Ltd. T.C.P. No. 394-(MAH)-2017

> NCLT judgment dated 2017-10-05. Citation: TCN-2017-NCLT-00315. The case involves Shalimar Paints Ltd. versus Gammon India Ltd. before the National Company Law…

- **Court:** NCLT
- **Order date:** 5 Oct 2017
- **Citation:** TCN-2017-NCLT-00315
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/gammon-india-ltd-tcp-no-394-mah-2017-71e2514f

## Summary

### Background

The case involves Shalimar Paints Ltd. versus Gammon India Ltd. before the National Company Law Tribunal (NCLT), Mumbai Bench. The petitioner sought to withdraw the petition based on a settlement.

## Facts

Shalimar Paints Ltd. filed a petition against Gammon India Ltd. before the National Company Law Tribunal (NCLT), Mumbai Bench. Both parties reached a settlement, and the petitioner sought permission to withdraw the petition based on the terms of the settlement. Representatives from both sides were present during the hearing, and the settlement agreement was placed on record.

## Issues and analysis

### Issue 1: Whether the petitioner should be granted permission to withdraw the petition based on the …

**Ratio:** A petitioner can withdraw a petition if a settlement has been reached between the

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**Reasoning:** The tribunal considered the presence of representatives from both sides and the fact that

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

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**Application:** In this case, the tribunal applied the principle by allowing Shalimar Paints

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## Parties

- **Judges:** M.K. Sh…; Bhaskara Pantula…
- **Appellants:** Shalimar Paints…
- **Respondents:** Gammon Indi…

## Timeline

- **2017-10-05 — Hearing…**: Hearing of the Mumbai Bench of the…
- **2017-10-05 — Order Is…**: Petition disposed of as…

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