# In the matter of Gokuldham Real Estate Development Company Pvt. Ltd. C.P.(IB)-4156-(MB)-2018

> NCLT judgment dated 2019-04-22. Citation: TCN-2019-NCLT-03782. The case involves Metrika Enterprises versus Gokuldham Real Estate Development Company Pvt.…

- **Court:** NCLT
- **Order date:** 22 Apr 2019
- **Citation:** TCN-2019-NCLT-03782
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/gokuldham-real-estate-development-company-pvt-ltd-cpib-4156-mb-2018-a10b86dc

## Summary

### Background

The case involves Metrika Enterprises versus Gokuldham Real Estate Development Company Pvt. Ltd. before the National Company Law Tribunal, Mumbai Bench. The matter was initiated under Section 9 of the Insolvency and Bankruptcy Code. A withdrawal memo was placed on record, indicating an amicable settlement between the operational creditor and the corporate debtor.

## Facts

Metrika Enterprises initiated a case against Gokuldham Real Estate Development Company Pvt. Ltd. under Section 9 of the Insolvency and Bankruptcy Code. A withdrawal memo was submitted, stating that the matter had been amicably settled between the operational creditor (Metrika Enterprises) and the corporate debtor (Gokuldham Real Estate Development Company Pvt. Ltd.). The corporate debtor made a full and final payment of ₹28,02,580/- to the operational creditor. Based on this settlement, the petitioner sought permission to withdraw the petition.

## Issues and analysis

### Issue 1: Whether the petition should be allowed to be withdrawn given the amicable settlement between the …

**Ratio:** When parties to a legal dispute reach an amicable settlement and the corporate debtor

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**Reasoning:** The court reasoned that the withdrawal memo clearly stated that the matter had been

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**Interpretation:** The interpretation is that the court prioritizes amicable settlements and the

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**Application:** In this case, the court applied the ratio by considering the withdrawal memo

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## Parties

- **Judges:** M.K. Sh…
- **Appellants:** Metrika Enterprise…
- **Respondents:** Gokuldham Real…

## Timeline

- **2019-04-22 — Withdrawal Memo Placed…**: A withdrawal memo dated 22.04.2019 was placed on record, stating that the matter had been…
- **2019-04-22 — Order Is…**: The court granted permission to withdraw the petition and disposed of it as withdrawn.…

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