# In the matter of Simplex Infrastructure Limited C.P. (IB)-1039(KB)2020

> NCLT judgment dated 2022-05-06. Citation: TCN-2022-NCLT-02847. The case involves a matter between Mahalaxmi Brick Field through Balaram Singh Chauhan and…

- **Court:** NCLT
- **Order date:** 6 May 2022
- **Citation:** TCN-2022-NCLT-02847
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/simplex-infrastructure-limited-cp-ib-1039kb2020-5235778d

## Summary

### Background

The case involves a matter between Mahalaxmi Brick Field through Balaram Singh Chauhan and Simplex Infrastructures Limited. The matter was brought before the National Company Law Tribunal (NCLT), Kolkata Bench under Section 9 of the Insolvency and Bankruptcy Code (IBC).

## Facts

Mahalaxmi Brick Field through Balaram Singh Chauhan initiated a corporate insolvency resolution process against Simplex Infrastructures Limited under Section 9 of the IBC. During the proceedings before the NCLT Kolkata Bench, both parties informed the court that they had reached a settlement outside of the court. As a result, the application C.P. (IB)/1039(KB)2020 was dismissed as withdrawn.

## Issues and analysis

### Issue 1: Whether the application C.P. (IB)/1039(KB)2020 should be dismissed as withdrawn given the …

**Ratio:** When parties to a legal proceeding inform the court that they have settled the matter out

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**Reasoning:** The court accepted the submission of both parties' learned counsel that the matter had

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**Interpretation:** The court interpreted the settlement between the parties as a resolution of the

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**Application:** Given the settlement between Mahalaxmi Brick Field and Simplex Infrastructures

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## Parties

- **Judges:** Rajasekha…; Balraj…
- **Appellants:** Mahalaxmi Brick…
- **Respondents:** SIMPLEX INFRASTRUC…

## Timeline

- **2022-05-06 — Hearing…**: Hearing held on May 6,…
- **2022-05-06 — Settlement Su…**: Learned counsel submitted that the…

## 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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