# In the matter of The India Cement Pvt. Ltd. CP(IB)-66(CHE)2021

> NCLT judgment dated 2021-07-20. Citation: TCN-2021-NCLT-01676. The case pertains to CP(IB)/66(CHE)/2021 filed before the National Company Law Tribunal,…

- **Court:** NCLT
- **Order date:** 20 Jul 2021
- **Citation:** TCN-2021-NCLT-01676
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/the-india-cement-pvt-ltd-cpib-66che2021-d93bfdcc

## Summary

### Background

The case pertains to CP(IB)/66(CHE)/2021 filed before the National Company Law Tribunal, Chennai. The petitioner's counsel stated that a memo of withdrawal has been filed as the matter has been settled out of court.

## Facts

The petitioner, M/S Sanghi Transport Company, filed a case CP(IB)/66(CHE)/2021 against the respondent, M/S The India Cements Limited, under Section 9 Rule 6 of IBC, 2016. The petitioner's counsel stated that the matter has been settled out of court, and a memo of withdrawal has been filed. Consequently, the NCLT dismissed the case as withdrawn. The key fact is the out-of-court settlement leading to the withdrawal and dismissal of the case.

## Issues and analysis

### Issue 1: Whether the CP(IB)/66(CHE)/2021 should be dismissed as withdrawn given the settlement between the …

**Ratio:** A case can be dismissed as withdrawn when the parties have settled the matter out of

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**Reasoning:** The court accepted the petitioner's counsel's statement that the matter had been settled

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**Interpretation:** This reflects the principle that courts generally respect and facilitate

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**Application:** Since the petitioner stated that the matter was settled out of court and filed

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## Parties

- **Judges:** R. Sucha…; B. Anil…
- **Appellants:** M/S Sanghi…
- **Respondents:** M/S The India…

## Timeline

- **2021-07-20 — Hearing…**: Hearing held on 20-07-2021 at 2.30…
- **N/A — Filing of…**: Petitioner's counsel states that they…

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