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

> NCLT judgment dated 2021-07-06. Citation: TCN-2021-NCLT-01843. 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-01843
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/nibha-enterprise-pvt-ltd-ib-392-nd-2020-bfaebb57

## 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 had been settled between the parties. However, the withdrawal application was not filed. The court noted that it had previously directed the petitioner to file the withdrawal application based on the settlement. The petitioner failed to file the withdrawal application as directed.

## Issues and analysis

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

**Ratio:** The ratio is that failure to comply with a court order, specifically the order to file a

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

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**Interpretation:** This highlights the court's expectation that parties adhere to its orders, even

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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 the withdrawal application in terms of the…
- **2021-07-06 — Order Del…**: The court dismissed the application for…

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