# In the matter of Allam Infinite India Private Limited vs. Arisinfra Solutions Private Limited & Ors.

> HC judgment dated 2024-04-18. Citation: TCN-2024-HC-00099. The case involves a writ petition filed in the High Court of Karnataka at Bengaluru, challenging an…

- **Court:** HC
- **Order date:** 18 Apr 2024
- **Citation:** TCN-2024-HC-00099
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/high-courts-new-delhi/allam-infinite-india-private-limited-vs-arisinfra-solutions-private-limited-ors-38f883a6

## Summary

### Background

The case involves a writ petition filed in the High Court of Karnataka at Bengaluru, challenging an order passed by the National Company Law Tribunal (NCLT), Bangalore, in CP (IB) No. 93/BB/2023. The petitioner sought to withdraw the writ petition to approach the National Company Appellate Tribunal (NCLAT).

## Facts

M/S. Allam Infinite India Private Limited filed a writ petition in the High Court of Karnataka challenging an order dated 01/03/2024 passed by the National Company Law Tribunal (NCLT), Bangalore, in CP (IB) No. 93/BB/2023. The petitioner, represented by its director Sri. Gulam Mustafa, sought to withdraw the petition to approach the National Company Appellate Tribunal (NCLAT). The petitioner also requested an extension of the interim order granted by the High Court and the liberty to raise all contentions before the NCLAT. The respondents included M/S. Arisinfra Solutions Private Limited and Mr. Balakrishna Venkatachalam, an Interim Resolution Professional.

## Issues and analysis

### Issue 1: Whether the petitioner should be granted leave to withdraw the writ petition to approach the …

**Ratio:** A party has the right to withdraw a petition if they believe a more appropriate forum

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**Reasoning:** The court considered the petitioner's submission that they wished to approach the NCLAT

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**Interpretation:** This allows parties to seek remedies

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**Application:** The court allowed the petitioner to withdraw the writ petition, recognizing

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## Parties

- **Judges:** M. NAGAPR…
- **Appellants:** M/S. ALLAM…
- **Respondents:** M/S. ARISINFRA…

## Timeline

- **2024-03-01 — NCLT Ord…**: The National Company Law Tribunal, Bangalore, passed an order in CP (IB) No. 93/BB/2023,…
- **2024-04-18 — High Court…**: The High Court of Karnataka disposed of the writ petition as withdrawn, granting the…

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