# In the matter of Inox Wind Limited CP(IB) No. 181-Chd-HP-2020

> NCLT judgment dated 2022-06-03. Citation: TCN-2022-NCLT-04701. The case pertains to CP(IB) No. 181/Chd/HP/2020 filed under Section 9 of the IBC 2016.

- **Court:** NCLT
- **Order date:** 3 Jun 2022
- **Citation:** TCN-2022-NCLT-04701
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/inox-wind-limited-cpib-no-181-chd-hp-2020-a386d3a5

## Summary

### Background

The case pertains to CP(IB) No. 181/Chd/HP/2020 filed under Section 9 of the IBC 2016.

## Facts

Shell India Markets Pvt. Ltd filed a petition against Inox Wind Limited under Section 9 of the IBC 2016.

A settlement amount of ₹ 1,35,69,905 was received by the petitioner via Demand Draft.

The petitioner, Shell India Markets Pvt. Ltd, expressed the desire to withdraw the petition.

The learned counsel for the petitioner stated the settlement and requested withdrawal.

The Chandigarh Bench of the NCLT dismissed the petition as withdrawn.

## Issues and analysis

### Issue 1: Whether the petition filed by Shell India Markets Pvt. Ltd against Inox Wind Limited should be …

**Ratio:** The petition can be dismissed as withdrawn based on the statement of the learned counsel

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**Reasoning:** The petitioner received the settlement amount and instructed their counsel to withdraw

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**Interpretation:** The Tribunal interpreted the petitioner's request for withdrawal as a valid

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**Application:** The principle of allowing withdrawal of a petition upon settlement and request

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## Parties

- **Judges:** SUBRATA KUM…; Harnam Singh…
- **Appellants:** Shell India…
- **Respondents:** Inox Wind L…
- **Advocates:** Suruchi…; Aashish C…; +1 more

## Timeline

- **2022-06-03 — Order Da…**: The order dismissing the petition as…

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