# In the matter of Inox Wind Infrastructure Services Ltd. C.P. (IB) No. 448-NCLT-AHM-2018

> NCLT judgment dated 2019-04-29. Citation: TCN-2019-NCLT-03656. The case pertains to CP(IB) 448/NCLT/AHM/2018 before the Ahmedabad bench of the National…

- **Court:** NCLT
- **Order date:** 29 Apr 2019
- **Citation:** TCN-2019-NCLT-03656
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/inox-wind-infrastructure-services-ltd-cp-ib-no-448-nclt-ahm-2018-007a6578

## Summary

### Background

The case pertains to CP(IB) 448/NCLT/AHM/2018 before the Ahmedabad bench of the National Company Law Tribunal. The matter was reserved for passing an order, and the petitioner filed a memo of withdrawal with a prayer to withdraw the application based on a settlement.

## Facts

The case involves Sarswati Transport Company versus Inox Wind Infrastructure Services Ltd. The petitioner filed an application under Section 9 of the Insolvency and Bankruptcy Code. The petitioner subsequently filed a memo seeking to withdraw the application based on a settlement. The court granted permission for the withdrawal, and the application was dismissed.

## Issues and analysis

### Issue 1: Whether the petitioner's request for withdrawal of the application based on a settlement should be …

**Ratio:** The court has the discretion to allow the withdrawal of an application if it deems fit,

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**Reasoning:** The court considered the petitioner's memo of withdrawal, which stated that a settlement

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**Interpretation:** This reflects the principle that courts generally encourage settlements between

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**Application:** In this case, the court applied the principle by granting permission for the

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## Parties

- **Judges:** Manorama…
- **Appellants:** Lalit M.…
- **Respondents:** Sarswati Transport…; PRATIK TH…
- **Advocates:** Lalit M.…; PRATIK TH…

## Timeline

- **2019-04-29 — Order Da…**: CP(IB) 448/2018 is…

## 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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