# In the matter of Anmol Feeds Private Limited C.P. (IB)-153(KB)2022

> NCLT judgment dated 2022-12-13. Citation: TCN-2022-NCLT-00178. The case pertains to a matter before the National Company Law Tribunal (NCLT), Kolkata Bench,…

- **Court:** NCLT
- **Order date:** 13 Dec 2022
- **Citation:** TCN-2022-NCLT-00178
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/anmol-feeds-private-limited-cp-ib-153kb2022-3f91dc0b

## Summary

### Background

The case pertains to a matter before the National Company Law Tribunal (NCLT), Kolkata Bench, concerning Adrika Health Food Private Limited (Operational Creditor) versus Anmol Feeds Private Limited (Corporate Debtor). The hearing took place on December 13, 2022. The Operational Creditor sought to withdraw the petition, stating that the matter has been settled between the parties.

## Facts

Adrika Health Food Private Limited (Operational Creditor) filed a petition against Anmol Feeds Private Limited (Corporate Debtor) under Section 9 of the IBC. During the hearing on December 13, 2022, the counsel for the Operational Creditor stated that the matter had been settled between the parties and sought to withdraw the petition. The relevance of this fact is that it indicates a resolution was reached outside of court, leading to the dismissal of the petition.

## Issues and analysis

### Issue 1: Whether the petition filed by the Operational Creditor should be dismissed as withdrawn, given the …

**Ratio:** A petition can be dismissed as withdrawn if the parties have reached a settlement and the

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**Reasoning:** The court accepted the statement of the counsel appearing for the Operational Creditor

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**Interpretation:** This reflects the principle that courts generally respect settlements reached

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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:** Rohit K…; Balraj…; +1 more
- **Respondents:** Anmol Feeds…
- **Advocates:** Shreya Cho…; Shaunak…; +2 more

## Timeline

- **2022-12-13 — Hearing…**: Hearing held on December 13, 2022, where the Operational Creditor sought to withdraw the…
- **2022-12-13 — Petition Di…**: The petition was dismissed as withdrawn following the statement by the Operational…

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