# In the matter of Distribution Logistics Infrastructure Pvt. Ltd. CP(IB) 1889-(MB)-2019

> NCLT judgment dated 2019-08-14. Citation: TCN-2019-NCLT-01951. The case pertains to an application filed under Section 9 of the Bankruptcy and Insolvency Act,…

- **Court:** NCLT
- **Order date:** 14 Aug 2019
- **Citation:** TCN-2019-NCLT-01951
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/distribution-logistics-infrastructure-pvt-ltd-cpib-1889-mb-2019-6ef3a8b0

## Summary

### Background

The case pertains to an application filed under Section 9 of the Bankruptcy and Insolvency Act, 2016. The Operational Creditor sought leave of the court to file a withdrawal memo along with consent terms.

## Facts

The Operational Creditor filed a petition under Section 9 of the Bankruptcy and Insolvency Act, 2016. Subsequently, the Operational Creditor sought to withdraw the petition by filing a withdrawal memo along with consent terms, suggesting a settlement or agreement between the parties. The court considered the request and allowed the withdrawal, dismissing the petition but granting the Operational Creditor the liberty to file a fresh petition if the consent terms are breached. This implies that the initial dispute might have been resolved amicably, subject to compliance with the agreed-upon terms.

## Issues and analysis

### Issue 1: Whether the Operational Creditor should be granted leave to withdraw the petition filed under …

**Ratio:** The court has the discretion to allow the withdrawal of a petition if it deems fit,

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**Reasoning:** The court's reasoning is based on the principle that parties should be allowed to resolve

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**Interpretation:** This legal issue involves the interpretation of the court's power to allow

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**Application:** In this specific case, the court applied the ratio by allowing the Operational

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## Parties

- **Judges:** V. P. S…; RAJESH S…
- **Appellants:** V Cube Log…
- **Respondents:** Distribution…

## Timeline

- **2019-08-14 — Hearing of Mum…**: Order sheet of the hearing of Mumbai Bench…

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