# 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-03335. The case involves an operational creditor, Andrew Thomas, filing a petition against Convene…

- **Court:** NCLT
- **Order date:** 10 May 2019
- **Citation:** TCN-2019-NCLT-03335
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/convene-services-india-private-limited-cpib-no-683-09-hdb-2018-9607e4a9

## Summary

### Background

The case involves an operational creditor, Andrew Thomas, filing a petition against Convene Services India Pvt Ltd, the corporate debtor, under Section 9 of the Insolvency and Bankruptcy Code (IBC), 2016. The operational creditor sought to initiate corporate insolvency resolution process (CIRP) against the corporate debtor for unpaid operational debt. The petition was filed before the National Company Law Tribunal (NCLT), Hyderabad Bench.

## Facts

Andrew Thomas, an operational creditor, filed a petition against Convene Services India Pvt Ltd, a corporate debtor, under Section 9 of the IBC, 2016. The petition was filed before the NCLT, Hyderabad Bench. During the proceedings, both parties entered into a settlement. As part of the settlement, the corporate debtor provided a Demand Draft (DD) of Rs. 7 lakhs to the operational creditor's counsel towards full and final settlement of the claim. The operational creditor then filed a withdrawal memo requesting permission to withdraw the petition. The petition had not yet been admitted, and no IRP had been appointed. The relevance of the settlement is that it allowed the parties to resolve the dispute amicably, avoiding the need for a formal insolvency resolution

…

## 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,

…

**Reasoning:** The court reasoned that since the petition had not yet been admitted and no IRP had been

…

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

…

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

…

## Parties

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

## Timeline

- **2018-01-01 — Filing of CP(IB)…**: Operational creditor filed a petition under…
- **2019-05-10 — Hearing…**: Hearing held 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)

---

This is a preview. The full structured summary, issues, precedents and source judgment are available on CaseEase - Legal Intelligence Simplified: https://caseease.in/cases/ibc/nclt-chandigarh/convene-services-india-private-limited-cpib-no-683-09-hdb-2018-9607e4a9