# In the matter of JC World Hospitality Pvt. Ltd. (IB)-1791-ND-2018

> NCLT judgment dated 2019-02-04. Citation: TCN-2019-NCLT-05024. The case pertains to an application filed under Section 9 of the IBC Code, 2016. The applicant…

- **Court:** NCLT
- **Order date:** 4 Feb 2019
- **Citation:** TCN-2019-NCLT-05024
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/jc-world-hospitality-pvt-ltd-ib-1791-nd-2018-06001a9b

## Summary

### Background

The case pertains to an application filed under Section 9 of the IBC Code, 2016. The applicant is Seth Dua & Associates, and the respondent is M/s JC World Hospitality Pvt. Ltd. The matter was listed before the National Company Law Tribunal (NCLT), New Delhi.

## Facts

Seth Dua & Associates filed an application under Section 9 of the IBC Code, 2016, against M/s JC World Hospitality Pvt. Ltd. The authorized representative of the Corporate Debtor appeared, and both parties informed the court that the matter had been settled. Consequently, the petitioner requested to withdraw the application.

## Issues and analysis

### Issue 1: Whether the application filed under Section 9 of the IBC Code, 2016, can be dismissed as withdrawn …

**Ratio:** An application can be dismissed as withdrawn if the parties have settled the matter and

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**Reasoning:** The court accepted the submission of the learned counsel for the petitioner that the

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**Interpretation:** This case interprets the procedural aspect of withdrawing an application under

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**Application:** In this specific case, since the petitioner and the Corporate Debtor reached a

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## Parties

- **Judges:** R. VARADH…
- **Appellants:** Seth Dua &…
- **Respondents:** M/s JC World…
- **Advocates:** Kriti B…

## Timeline

- **2019-02-04 — Order Del…**: The order was delivered dismissing…

## 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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