# In the matter of Metro Mas Hospital Pvt. Ltd. CA No. 51-2019 (IB)-1184(ND)-2018

> NCLT judgment dated 2019-02-18. Citation: TCN-2019-NCLT-04817. The case involves an application (CA No. 51/2019 (IB)-1184/ND/2018) filed under Section 9 of…

- **Court:** NCLT
- **Order date:** 18 Feb 2019
- **Citation:** TCN-2019-NCLT-04817
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/metro-mas-hospital-pvt-ltd-ca-no-51-2019-ib-1184nd-2018-9db645e7

## Summary

### Background

The case involves an application (CA No. 51/2019 (IB)-1184/ND/2018) filed under Section 9 of the IBC Code, 2016. The applicant is Dr. Vikram Goyal, and the respondent is Metro Mas Hospital Pvt. Ltd. The application was filed along with an affidavit and a settlement-cum-compromise agreement executed between the parties on 13.02.2019. The IRP, Mr. Sanjay Kumar Jha, appointed as per the order dated 11.02.2019, states that publication was effected, but no claims were received, and thus no COC was formed.

## Facts

Dr. Vikram Goyal filed an application (CA No. 51/2019 (IB)-1184/ND/2018) against Metro Mas Hospital Pvt. Ltd. under Section 9 of the IBC Code, 2016. A settlement-cum-compromise agreement was executed between the parties on 13.02.2019. The IRP, Mr. Sanjay Kumar Jha, was appointed as per the order dated 11.02.2019. No claims were received, and no COC was formed. The applicant's counsel and the Corporate Debtor's counsel admitted that the matter was settled. The Corporate Debtor agreed to pay Rs. 75,000/- towards charges and costs of the IRP. The court considered the Supreme Court's judgment in the Swiss Ribbons Case. The settlement agreement was taken on record, and the application was allowed to be withdrawn. The Corporate Debtor was revived to its pre-CIRP status, and

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## Issues and analysis

### Issue 1: Whether the application filed under Section 9 of the IBC Code, 2016 can be allowed to be withdrawn …

**Ratio:** The ratio is based on the principle that parties are allowed to settle their disputes

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**Reasoning:** The court reasoned that the learned counsel for the applicant and the Corporate Debtor

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**Interpretation:** The interpretation is that the court has the power to allow the withdrawal of

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**Application:** In this case, the court applied the ratio by taking the settlement agreement on

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## Parties

- **Judges:** DEEPTI M…
- **Appellants:** Vikram…
- **Respondents:** Metro Mas…; Metro Mas…

## Timeline

- **2019-02-13 — Settlement Ag…**: Settlement-cum-compromise…
- **2019-02-11 — IRP Appoi…**: Mr. Sanjay Kumar Jha…

## 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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