# In the matter of Amrohi Infra Projects Pvt. Ltd. CP(IB)-1689(MB)-2017

> NCLT judgment dated 2019-08-20. Citation: TCN-2019-NCLT-01890. The case involves a Company Petition [CP(IB)-1689(MB)/2017] filed under Section 9 of the…

- **Court:** NCLT
- **Order date:** 20 Aug 2019
- **Citation:** TCN-2019-NCLT-01890
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/amrohi-infra-projects-pvt-ltd-cpib-1689mb-2017-aa5f7df9

## Summary

### Background

The case involves a Company Petition [CP(IB)-1689(MB)/2017] filed under Section 9 of the Insolvency and Bankruptcy Code, 2016. The Operational Creditor sought to withdraw the petition based on a settlement.

## Facts

Creative Enterprises filed a Company Petition [CP(IB)-1689(MB)/2017] against Amrohi Infra Projects Pvt. Ltd. under Section 9 of the Insolvency and Bankruptcy Code, 2016. The Operational Creditor, Creative Enterprises, subsequently filed a withdrawal memo dated 20.08.2019 seeking to withdraw the petition due to a pending settlement with Amrohi Infra Projects Pvt. Ltd. The withdrawal memo was taken on record by the NCLT.

## Issues and analysis

### Issue 1: Whether the Company Petition [CP(IB)-1689(MB)/2017] can be dismissed as withdrawn based on the …

**Ratio:** A petitioner is generally allowed to withdraw a petition if there is a valid reason, such

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**Reasoning:** The court considered the withdrawal memo filed by the Operational Creditor's

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**Interpretation:** The interpretation of the law allows for the withdrawal of a petition when a

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**Application:** In this case, the court applied the ratio by allowing the withdrawal of the

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## Parties

- **Judges:** Rajasekha…; Ravikumar…; +1 more
- **Appellants:** Creative Enterpris…
- **Respondents:** Amrohi Infra…

## Timeline

- **2017-01-01 — Company Petiti…**: Company Petition…
- **2019-08-20 — Withdrawal Me…**: Operational Creditor filed a withdrawal memo seeking leave to withdraw the Company…

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