# In the matter of Butta Early Learning Centre Pvt. Ltd. CP(IB) No. 368-9-HDB-2019

> NCLT judgment dated 2019-08-30. Citation: TCN-2019-NCLT-01664. The case involves a Company Petition filed by Girish Bala Kishore Tallam…

- **Court:** NCLT
- **Order date:** 30 Aug 2019
- **Citation:** TCN-2019-NCLT-01664
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/butta-early-learning-centre-pvt-ltd-cpib-no-368-9-hdb-2019-a429234a

## Summary

### Background

The case involves a Company Petition filed by Girish Bala Kishore Tallam (Petitioner/Operational Creditor) against M/s. Butta Early Learning Centre Private Limited (Respondent/Corporate Debtor) under Section 9 of the Insolvency and Bankruptcy Code 2016. The petition was filed before the National Company Law Tribunal (NCLT), Hyderabad Bench.

## Facts

Girish Bala Kishore Tallam, the Operational Creditor, filed a Company Petition against Butta Early Learning Centre Private Limited, the Corporate Debtor, under Section 9 of the Insolvency and Bankruptcy Code, 2016. During the hearing on August 30, 2019, both parties submitted a joint memo of settlement. The Petitioner requested the Adjudicating Authority to allow the withdrawal of the petition. The court took the memo on record and granted permission to withdraw the petition, leading to the closure of the case.

## Issues and analysis

### Issue 1: Whether the Adjudicating Authority should grant permission to the Petitioner to withdraw the …

**Ratio:** The legal principle applied here is that if parties to a petition under the Insolvency

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**Reasoning:** The court reasoned that since both parties had filed a joint memo of settlement and the

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**Interpretation:** The interpretation is that the Adjudicating Authority has the power to allow

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**Application:** In this specific case, the court applied the ratio by granting permission to

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## Parties

- **Judges:** K. Anantha…; BINOD KUMAR…
- **Appellants:** Girish Bala…
- **Respondents:** Butta Early…; Butta Early…
- **Advocates:** A Nagaraj…; VIV Rau…; +1 more

## Timeline

- **2019-08-30 — Hearing…**: Hearing held where both parties filed a joint memo of settlement and the Petitioner…
- **2019-08-30 — Order Da…**: The Adjudicating Authority granted permission to withdraw the petition, and the case was…

## 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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