# In the matter of E-Infrastructure and Entertainment India Pvt. Ltd. C.P(IB). No.193-BB-2018

> NCLT judgment dated 2019-04-24. Citation: TCN-2019-NCLT-03729. M/s. Arris Solutions, Inc. filed CP(IB)No.193/BB/2018 under Section 9 of the IBC, 2016, seeking…

- **Court:** NCLT
- **Order date:** 24 Apr 2019
- **Citation:** TCN-2019-NCLT-03729
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/e-infrastructure-and-entertainment-india-pvt-ltd-cpib-no193-bb-2018-942bc000

## Summary

### Background

M/s. Arris Solutions, Inc. filed CP(IB)No.193/BB/2018 under Section 9 of the IBC, 2016, seeking to initiate Corporate Insolvency Resolution Process against M/s. E-Infrastructure and Entertainment India Private Limited, alleging a default of USD 1,333,952.15. The case was listed for admission on multiple dates and adjourned due to requests from parties for completing pleadings.

## Facts

M/s. Arris Solutions, Inc. (Operational Creditor) initiated Corporate Insolvency Resolution Process against M/s. E-Infrastructure and Entertainment India Private Limited (Corporate Debtor) by filing CP(IB)No.193/BB/2018 under Section 9 of the IBC, 2016. The Operational Creditor claimed a default of USD 1,333,952.15 (equivalent to INR 8,67,65,717.04). The case was listed for admission on various dates between November 2018 and April 2019, and was adjourned multiple times at the request of the parties. Subsequently, both parties filed a Joint Memo stating that they had entered into a settlement agreement dated 26.03.2019. Based on this settlement, the Operational Creditor sought to withdraw the petition with the liberty to revive it or file a fresh petition if the

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## Issues and analysis

### Issue 1: Whether the Operational Creditor should be allowed to withdraw the petition based on a settlement …

**Ratio:** The court has the discretion to allow the withdrawal of a petition if it is deemed

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**Reasoning:** The court noted the Joint Memo filed by both parties indicating a settlement agreement.

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**Interpretation:** This reflects the court's willingness to encourage settlements and alternative

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**Application:** The court applied this principle by allowing the Operational Creditor to

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## Parties

- **Judges:** Ratakonda…; Ashok Kumar…; +1 more
- **Appellants:** M/s. Arris…
- **Respondents:** M/s. E-Infrastruct…

## Timeline

- **2018-11-19 — Case Listed for…**: The case was listed for…
- **2018-12-14 — Case Listed for…**: The case was listed for…

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