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

> NCLT judgment dated 2020-03-03. Citation: TCN-2020-NCLT-01704. The case pertains to CP (IB) No. 45/CTB/2019 before the National Company Law Tribunal, Cuttack…

- **Court:** NCLT
- **Order date:** 3 Mar 2020
- **Citation:** TCN-2020-NCLT-01704
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/mahanadi-coalfields-ltd-cp-ib-no-45-ctb-2019-6895bfd5

## Summary

### Background

The case pertains to CP (IB) No. 45/CTB/2019 before the National Company Law Tribunal, Cuttack Bench. The matter involves Hinduja National Power Corporation Ltd. and Mahanadi Coalfields Ltd. The counsels for the petitioner and respondent are present.

## Facts

The case involves Hinduja National Power Corporation Ltd. and Mahanadi Coalfields Ltd. The counsels for both the petitioner and the respondent were present in court. The respondent has agreed to cooperate with the petitioner in obtaining a refund of the GST claim. Based on this undertaking, the petitioner requested permission to withdraw the application. The court subsequently dismissed the application as withdrawn, indicating a settlement between the parties regarding the GST refund claim.

## Issues and analysis

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

**Ratio:** A party may be allowed to withdraw an application if the opposing party provides an

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**Reasoning:** The court dismissed the application as withdrawn because the respondent agreed to

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**Interpretation:** This case demonstrates that courts may allow the withdrawal of an application

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**Application:** In this case, the respondent's agreement to cooperate in obtaining a GST refund

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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 — Application D…**: The application was…

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