# In the matter of Mahanadi Coalfields Ltd. CP (IB) No. 45-CTB-2019

> NCLT judgment dated 2020-03-03. Citation: TCN-2020-NCLT-01688. The case involves a matter that has been settled out of court. The respondent has agreed to…

- **Court:** NCLT
- **Order date:** 3 Mar 2020
- **Citation:** TCN-2020-NCLT-01688
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/mahanadi-coalfields-ltd-cp-ib-no-45-ctb-2019-0ed4c030

## Summary

### Background

The case involves a matter that has been settled out of court. The respondent has agreed to cooperate with the petitioner in obtaining a refund of the GST claim. The petitioner, based on an undertaking from the respondent regarding cooperation in obtaining the GST refund, seeks permission to withdraw the application.

## Facts

The case involves Hinduja National Power Corporation Ltd. as the petitioner and Mahanadi Coalfields Ltd. as the respondent. The matter was settled out of court. The respondent agreed to cooperate with the petitioner in obtaining a refund of the GST claim. The petitioner, relying on the respondent's undertaking, sought permission to withdraw the application. The court dismissed the application as withdrawn.

## Issues and analysis

### Issue 1: Whether the petitioner's application should be dismissed as withdrawn, given the settlement reached …

**Ratio:** When parties settle a dispute out of court and the petitioner seeks to withdraw the

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**Reasoning:** The court's decision to dismiss the application as withdrawn is based on the settlement

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**Interpretation:** This reflects the court's willingness to acknowledge and respect settlements

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**Application:** In this specific case, the petitioner's reliance on the respondent's

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## Parties

- **Judges:** Sucharitha…; Satya Ranjan…
- **Appellants:** Hinduja National…
- **Respondents:** Mahanadi Coalfield…

## Timeline

- **2020-03-03 — Hearing…**: Hearing held on March…
- **N/A — Settleme…**: The matter was settled…

## 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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