# In the matter of Webcon Consulting (India) Ltd. CP(IB)No. 1348-KB-2018

> NCLT judgment dated 2019-03-20. Citation: TCN-2019-NCLT-04381. The case involves Nimai Chandra Baral versus Webcon Consulting (India) Ltd. The matter was…

- **Court:** NCLT
- **Order date:** 20 Mar 2019
- **Citation:** TCN-2019-NCLT-04381
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/webcon-consulting-india-ltd-cpibno-1348-kb-2018-1038d0ee

## Summary

### Background

The case involves Nimai Chandra Baral versus Webcon Consulting (India) Ltd. The matter was listed before the National Company Law Tribunal, Kolkata Bench. The attendance-cum-order sheet indicates the presence of counsels for both the operational creditor and the corporate debtor.

## Facts

The case is between Nimai Chandra Baral (Operational Creditor) and Webcon Consulting (India) Ltd (Corporate Debtor). The counsels for both parties appeared before the NCLT. The operational creditor's counsel stated that the matter was settled and requested permission to withdraw the case. The tribunal granted permission, leading to the withdrawal and disposal of the matter. The case was heard on March 20, 2019.

## Issues and analysis

### Issue 1: Whether the operational creditor should be granted permission to withdraw the matter based on a …

**Ratio:** A matter can be withdrawn if the parties have reached a settlement and the operational

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**Reasoning:** The court accepted the submission of the operational creditor's counsel that the matter

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**Interpretation:** This reflects the principle that parties are free to settle their disputes and

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**Application:** In this case, the operational creditor's counsel's statement was taken as

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## Parties

- **Judges:** Madan B.…
- **Appellants:** Nimai Chandra…
- **Respondents:** Webcon Consulting…

## Timeline

- **2019-03-20 — Hearing…**: Hearing held on 20th…
- **2019-03-20 — Matter Wit…**: Permission granted to withdraw the matter;…

## 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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