# In the matter of GVK Jaipur Expressway Pvt. Ltd. CP(IB) No. 316-9-HDB-2019

> NCLT judgment dated 2019-06-12. Citation: TCN-2019-NCLT-02946. The case involves a Company Petition/Application filed under CP(IB) No. 316/9/HDB/2019. The…

- **Court:** NCLT
- **Order date:** 12 Jun 2019
- **Citation:** TCN-2019-NCLT-02946
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/gvk-jaipur-expressway-pvt-ltd-cpib-no-316-9-hdb-2019-6b9a728b

## Summary

### Background

The case involves a Company Petition/Application filed under CP(IB) No. 316/9/HDB/2019. The petitioner sought to withdraw the application, stating that the matter had been settled between the parties.

## Facts

The key facts are that H G Infra Engineering Ltd filed a Company Petition/Application CP(IB) No. 316/9/HDB/2019 against GVK Jaipur Expressway Pvt Ltd. The petitioner, H G Infra Engineering Ltd, sought to withdraw the application because the matter had been settled between the parties. The court took the memo on record and closed the case as withdrawn, allowing the petitioner to file a fresh petition if the Corporate Debtor defaults.

## Issues and analysis

### Issue 1: Whether the petitioner should be granted leave to withdraw the application based on the settlement …

**Ratio:** The principle is that parties are generally allowed to withdraw applications if they have

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**Reasoning:** The court reasoned that since the matter had been settled between the parties, it was

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**Interpretation:** This involves interpreting the procedural rules regarding withdrawal of

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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:** H G Infra…
- **Respondents:** GVK Jaipur…

## Timeline

- **2019-06-12 — Hearing…**: Hearing held on…

## 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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