# In the matter of Shapoorji Pallonji and Company Private Limited  CP(IB)-1249(MB)-2020

> NCLT judgment dated 2021-02-15. Citation: TCN-2021-NCLT-03046. The case pertains to an application under Section 9 of the Insolvency and Bankruptcy Code,…

- **Court:** NCLT
- **Order date:** 15 Feb 2021
- **Citation:** TCN-2021-NCLT-03046
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/shapoorji-pallonji-and-company-private-limited-cpib-1249mb-2020-61fe7679

## Summary

### Background

The case pertains to an application under Section 9 of the Insolvency and Bankruptcy Code, 2016. The matter was listed before the National Company Law Tribunal (NCLT), Mumbai Bench, Court-IV. The court convened through video conference.

## Facts

Ms Crushers filed a petition against Shapoorji Pallonji and Company Private Limited under Section 9 of the Insolvency and Bankruptcy Code, 2016. Mr. Suneel, the counsel for the petitioner, was present. There was no representation on behalf of the respondent. The petitioner's counsel submitted that the matter had been amicably settled between the parties, and a memo of withdrawal had been sent to the court. Consent terms were filed and taken on record. Consequently, the petition was withdrawn and dismissed.

## Issues and analysis

### Issue 1: Whether the petition filed by Ms Crushers against Shapoorji Pallonji and Company Private Limited …

**Ratio:** When parties to a legal proceeding reach an amicable settlement and file consent terms,

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**Reasoning:** The court reasoned that since the petitioner's counsel submitted that the matter had been

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**Interpretation:** This interpretation acknowledges the court's discretion to dismiss a petition

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**Application:** In this specific case, the court applied the ratio by dismissing and

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## Parties

- **Judges:** Chandra Bha…; SUCHITRAKAN…
- **Appellants:** Ms Crus…
- **Respondents:** Shapoorji…

## Timeline

- **2021-02-15 — Hearing…**: Order sheet of the hearing…
- **N/A — Petition…**: Ms Crushers filed a petition against Shapoorji Pallonji and Company Private Limited under…

## 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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