# In the matter of Mytrah Energy India Pvt. Ltd.

> NCLT judgment dated 2023-07-05. Citation: TCN-2023-NCLT-05369. An application IA (IBC)/1062/2023 was filed in CP (IB) No.158/9/HDB/2021 under Section 12A of…

- **Court:** NCLT
- **Order date:** 5 Jul 2023
- **Citation:** TCN-2023-NCLT-05369
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-hyderabad/mytrah-energy-india-pvt-ltd-004d0a6f

## Summary

### Background

An application IA (IBC)/1062/2023 was filed in CP (IB) No.158/9/HDB/2021 under Section 12A of IBC seeking permission to withdraw the application.

## Facts

IA (IBC)/1062/2023 was filed in CP (IB) No.158/9/HDB/2021.

The application was filed under Section 12A of the IBC.

The application sought permission to withdraw the initial application.

A settlement was reached between the parties.

The court granted permission to withdraw the application.

The application was dismissed as withdrawn.

## Issues and analysis

### Issue 1: Whether the application for withdrawal of the initial application should be allowed based on the …

**Ratio:** Permission to withdraw an application can be granted if a settlement is reached between

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**Reasoning:** The court considered the fact that a

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**Interpretation:** Section 12A of the IBC allows for withdrawal of applications under certain

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**Application:** The court applied the principle that settlement between parties is a valid

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## Parties

- **Judges:** TELAPROLU…; SH. CHARAN…
- **Appellants:** Excelltech Wind…
- **Respondents:** Mytrah Energy…

## Timeline

- **2023-07-05 — Hearing…**: Hearing held on 05.07.2023 at…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 12A — (1) Subject to sub](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-12a)

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