# In the matter of Moonshine E-Services Private Limited CP (IB) No. 315-Chd-HRY-2019

> NCLT judgment dated 2019-10-07. Citation: TCN-2019-NCLT-01077. Collegedunia Web Private Limited filed a petition under Section 9 of the Insolvency and…

- **Court:** NCLT
- **Order date:** 7 Oct 2019
- **Citation:** TCN-2019-NCLT-01077
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/moonshine-e-services-private-limited-cp-ib-no-315-chd-hry-2019-fb6506e6

## Summary

### Background

Collegedunia Web Private Limited filed a petition under Section 9 of the Insolvency and Bankruptcy Code, 2016, against Moonshine E-Services Private Limited. The petition was filed before the National Company Law Tribunal (NCLT), Chandigarh Bench.

## Facts

Collegedunia Web Private Limited, the operational creditor, initiated a Corporate Insolvency Resolution Process (CIRP) against Moonshine E-Services Private Limited, the corporate debtor, by filing a petition under Section 9 of the Insolvency and Bankruptcy Code, 2016. The petitioner, Collegedunia Web Private Limited, sought to withdraw the petition because the dispute had been settled. The NCLT, Chandigarh Bench, considered the submission made by the petitioner's counsel and dismissed the petition as withdrawn.

## Issues and analysis

### Issue 1: Whether the petitioner can withdraw the petition filed under Section 9 of the Insolvency and …

**Ratio:** A party is allowed to withdraw a

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**Reasoning:** The court accepted the submission of the petitioner's counsel that the dispute had been

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**Interpretation:** The interpretation is that if parties resolve their dispute outside of court,

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**Application:** Since the parties settled the dispute, the petitioner was allowed to withdraw

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## Parties

- **Judges:** Ajay Kumar…; Pradeep R.…
- **Appellants:** Collegedunia Web…
- **Respondents:** Moonshine…

## Timeline

- **2019-10-07 — Order Da…**: The NCLT, Chandigarh Bench, dismissed the CP…

## 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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