# In the matter of GlaxoSmithKline Pharmaceuticals Limited C.P.(IB)- 1100/(MB)/2020

> NCLT judgment dated 2020-12-18. Citation: TCN-2020-NCLT-00046. The case pertains to CP No. (IB)1100(MB)/2020 before the National Company Law Tribunal (NCLT),…

- **Court:** NCLT
- **Order date:** 18 Dec 2020
- **Citation:** TCN-2020-NCLT-00046
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/glaxosmithkline-pharmaceuticals-limited-cpib-1100mb2020-112b4ea8

## Summary

### Background

The case pertains to CP No. (IB)1100(MB)/2020 before the National Company Law Tribunal (NCLT), Mumbai Bench. The petitioner's counsel informed the court that an email had been sent regarding the payment of the amount due. The operational creditors, M/s Industrial Security, received Rs. 8,41,139 from GlaxoSmithKline Pharma. M/s Industrial Security proprietor Mr. Lokesh Pichaya instructed to withdraw the matter.

## Facts

M/s Industrial Security, the operational creditor, filed CP No. (IB)1100(MB)/2020 against GlaxoSmithKline Pharmaceuticals Limited for an outstanding amount. Subsequently, GlaxoSmithKline Pharmaceuticals Limited paid Rs. 8,41,139 to M/s Industrial Security. Following the payment, M/s Industrial Security, through its proprietor Mr. Lokesh Pichaya, instructed their counsel to withdraw the case. The counsel informed the NCLT about the payment and requested the withdrawal, leading to the dismissal of the case.

## Issues and analysis

### Issue 1: Whether the C.P.(IB)- 1100/(MB)/2020 should be dismissed as withdrawn given the payment made by …

**Ratio:** When a debt is settled and the petitioner seeks to withdraw the case, the court may

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**Reasoning:** The court considered the email indicating that the payment had been made by

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**Interpretation:** The legal principle is that if the operational creditor receives the payment

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**Application:** In this case, GlaxoSmithKline Pharmaceuticals Limited paid the outstanding

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## Parties

- **Judges:** Chandra Bha…; SUCHITRAKAN…
- **Appellants:** M/s Industrial…
- **Respondents:** GlaxoSmithKline…

## Timeline

- **2020-12-18 — Order Da…**: The NCLT dismissed C.P.(IB)- 1100/(MB)/2020 as withdrawn following the payment by…

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