# In the matter of Convene Services India Private Limited C.P.(IB) No. 683-09-HDB-2018

> NCLT judgment dated 2019-05-10. Citation: TCN-2019-NCLT-03330. The case involves an application filed under Section 9 of the Insolvency and Bankruptcy Code…

- **Court:** NCLT
- **Order date:** 10 May 2019
- **Citation:** TCN-2019-NCLT-03330
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/convene-services-india-private-limited-cpib-no-683-09-hdb-2018-6b3139e5

## Summary

### Background

The case involves an application filed under Section 9 of the Insolvency and Bankruptcy Code (IBC), 2016, by an operational creditor, Andrew Thomas, against the corporate debtor, Convene Services India Pvt Ltd. The operational creditor sought initiation of the corporate insolvency resolution process (CIRP) against the corporate debtor. The matter was before the National Company Law Tribunal (NCLT), Hyderabad Bench.

## Facts

Andrew Thomas, an operational creditor, filed a petition against Convene Services India Pvt Ltd, the corporate debtor, under Section 9 of the IBC, 2016. Both parties subsequently entered into a settlement. As part of the settlement, the corporate debtor issued a Demand Draft (DD) for Rs. 7 lakhs to the operational creditor's counsel, representing full and final settlement of the outstanding claim. Following the settlement, the operational creditor filed a memo seeking to withdraw the petition. The NCLT noted that the petition had not yet been admitted, and no Interim Resolution Professional (IRP) had been appointed. This fact is relevant because it allows for withdrawal under Rule 8 of the Insolvency & Bankruptcy (Application to Adjudicating Authority) Rules, 2016.

## Issues and analysis

### Issue 1: Whether the operational creditor can be granted permission to withdraw the petition under Rule 8 of …

**Ratio:** Rule 8 of the Insolvency & Bankruptcy (Application to Adjudicating Authority) Rules,

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**Reasoning:** The NCLT reasoned that since the petition filed by the operational creditor was not yet

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**Interpretation:** The interpretation of Rule 8 is that it provides a window for parties to settle

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**Application:** In this specific case, the ratio and reasoning were applied to the facts that

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## Parties

- **Judges:** Ratakonda…
- **Appellants:** Andrew T…
- **Respondents:** Convene Services…

## Timeline

- **2018-01-01 — Filing of P…**: The operational creditor, Andrew Thomas, filed a petition under Section 9 of the IBC,…
- **2019-05-10 — Hearing…**: The matter was heard on…

## 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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