# In the matter of Nibha Enterprise Pvt. Ltd. IB-392-ND-2020

> NCLT judgment dated 2021-07-06. Citation: TCN-2021-NCLT-01838. The case involves Sellowrap Industries Pvt Ltd as the applicant and Nibha Enterprise Pvt Ltd as…

- **Court:** NCLT
- **Order date:** 6 Jul 2021
- **Citation:** TCN-2021-NCLT-01838
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/nibha-enterprise-pvt-ltd-ib-392-nd-2020-a83d03d3

## Summary

### Background

The case involves Sellowrap Industries Pvt Ltd as the applicant and Nibha Enterprise Pvt Ltd as the respondent. The petitioner's counsel submitted that the matter has been settled between the parties, but the withdrawal application has not been filed.

## Facts

Sellowrap Industries Pvt Ltd filed an application against Nibha Enterprise Pvt Ltd. The counsel for the petitioner stated that the matter has been settled between the parties. However, the withdrawal application has not been filed. The court, upon reviewing the order dated 09.02.2021, found that the petitioner was directed to file the withdrawal application based on a settlement. The withdrawal application was not filed.

## Issues and analysis

### Issue 1: Whether the application should be dismissed due to non-compliance with the court's order to file a …

**Ratio:** The court has the authority to dismiss applications for non-compliance with its orders.

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**Reasoning:** The court reasoned that the petitioner was directed to file a withdrawal application

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**Interpretation:** This legal issue involves the interpretation of the court's power to enforce

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**Application:** The ratio and reasoning were applied to the specific facts of the case, where

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## Parties

- **Judges:** ABNI RANJAN KUMAR…; K.K. V…
- **Appellants:** Sellowrap…
- **Respondents:** Nibha Enterprise…

## Timeline

- **2021-02-09 — Previous…**: The court directed the petitioner to file a withdrawal application in terms of the…
- **2021-07-06 — Order Del…**: The court dismissed the application due to…

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This is a preview. The full structured summary, issues, precedents and source judgment are available on CaseEase - Legal Intelligence Simplified: https://caseease.in/cases/ibc/nclt-chandigarh/nibha-enterprise-pvt-ltd-ib-392-nd-2020-a83d03d3