# In the matter of Truefit Engineering Company Ltd. T.CP. No. 592-(MAH)-2017

> NCLT judgment dated 2017-09-25. Citation: TCN-2017-NCLT-00372. The case pertains to T.C.P No. 592/(MAH)/2017 before the Mumbai Bench of the National Company…

- **Court:** NCLT
- **Order date:** 25 Sept 2017
- **Citation:** TCN-2017-NCLT-00372
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/truefit-engineering-company-ltd-tcp-no-592-mah-2017-a6db4edc

## Summary

### Background

The case pertains to T.C.P No. 592/(MAH)/2017 before the Mumbai Bench of the National Company Law Tribunal. The petitioner sought to withdraw the petition after receiving full and final payment as consented by the petitioner. A cheque for the amount was handed over.

## Facts

Industrial X-Ray & Allied Radiographers (I) Pvt. Ltd. filed a petition against Truefit Engineering Co. Ltd. The petitioner, having received full and final payment from the respondent, sought permission to withdraw the petition. A cheque for the agreed amount was handed over. The court considered the request and allowed the petition to be withdrawn.

## Issues and analysis

### Issue 1: Whether the petitioner can withdraw the petition after receiving full and final payment from the …

**Ratio:** A petitioner can withdraw a petition if the respondent has made full and final payment

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**Reasoning:** The court reasoned that since the petitioner received the full and final payment as

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**Interpretation:** This legal principle allows for the resolution of disputes through settlement,

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**Application:** In this case, the petitioner received the full and final payment from the

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## Parties

- **Judges:** M.K. Sh…; Bhaskara Pantula…
- **Appellants:** Industrial X-Ray…
- **Respondents:** Truefit Engineerin…

## Timeline

- **2017-09-25 — Hearing of Mumbai Bench…**: Hearing of the Mumbai Bench of the…
- **2017-09-25 — Petition Wi…**: The petition was withdrawn after the…

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