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Smart Summary

Summary of the Provided Legal Opinion

Factual and Procedural Background

Learned Counsel Mr. Ravi Pahwa appeared for the Operational Creditor. Learned Counsel for the Corporate Debtor also appeared. Both counsels informed the adjudicating authority that the matter had been settled between the parties. In consequence of that submission, the bench recorded that CP(IB) 386 of 2019 stands disposed of as withdrawn, with liberty granted to the parties to seek revival of the proceeding in the future. The order bears the names of the Members: VIRENDRA KUMAR GUPTA (Member, Technical) and AN B GOSAVI (Member, Judicial), and is dated "the 51h day of May, 2021" as presented in the opinion.

Legal Issues Presented

The opinion addresses a procedural matter and does not frame distinct legal issues.

Arguments of the Parties

The opinion does not contain a detailed account of the parties' legal arguments.

Table of Precedents Cited

No precedents were cited in the provided opinion.

Court's Reasoning and Analysis

The adjudicating bench's reasoning, as recorded in the opinion, is succinct and procedural:

  • Both parties' counsels appeared before the Bench and informed the court that the dispute had been settled.
  • On the basis of that joint submission of settlement, the Bench disposed of CP(IB) 386 of 2019 by treating it as withdrawn.
  • The Bench expressly granted the parties liberty to seek revival of the proceeding, indicating that the disposal was without prejudice to revival if the settlement did not persist.

Holding and Implications

Holding: CP(IB) 386 of 2019 stands disposed of as withdrawn.

Implications:

  • The direct effect of the order is the formal disposal of the insolvency petition CP(IB) 386 of 2019 as withdrawn.
  • The parties were granted liberty to revive the proceeding, allowing them to return to the forum if the settlement breaks down.
  • No broader legal implications or new precedent are discussed or established in the provided opinion.

This summary is based exclusively on the text of the provided opinion.

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    Jyoti Limited v. Hec Infra Projects Ltd.

    Learned Counsel Mr. Ravi Pahwa appeared for Operational Creditor. Learned Counsel for Corporate Debtor appeared. Learned Counsel for both sides submitted that matter is settled In view of this CP(IB) 386 of 2019 stand disposed of as withdrawn liberty to get this proceeding revived again. (VIRENDRA KUMAR GUPTA) ( AN B GOSAVI) MEMBER (TECHNICAL) MEMBER (JUDICIAL) Dated this the 51h day ofMay, 2021 Pralmsh

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    Comments

    Jyoti Limited v. Hec Infra Projects Ltd.
    (May 5, 2021)