# In the matter of Go Airlines (India) Ltd. I.A 3384-2021 in IB-210-ND-2021

> NCLT judgment dated 2021-08-09. Citation: TCN-2021-NCLT-01411. The case involves an application (I.A-3384/2021) filed by the Applicant/Operational Creditor,…

- **Court:** NCLT
- **Order date:** 9 Aug 2021
- **Citation:** TCN-2021-NCLT-01411
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/go-airlines-india-ltd-ia-3384-2021-in-ib-210-nd-2021-3374567a

## Summary

### Background

The case involves an application (I.A-3384/2021) filed by the Applicant/Operational Creditor, Bangalore Airport Terminal Services Pvt Ltd, seeking withdrawal of the Company Petition No. IB-210/2021 against Go Airlines (India) Ltd. The withdrawal is based on a settlement reached between the parties.

## Facts

Bangalore Airport Terminal Services Pvt Ltd, the Operational Creditor/Applicant, filed a Company Petition (IB-210/2021) against Go Airlines (India) Ltd. Subsequently, the Applicant filed I.A-3384/2021 seeking to withdraw the Company Petition based on a settlement reached between the parties. The court heard the counsels for the Applicant and the Corporate Debtor and allowed the withdrawal. The key fact is the settlement between the parties, leading to the withdrawal request.

## Issues and analysis

### Issue 1: Whether the Applicant/Operational Creditor can withdraw the Company Petition IB-210/2021 based on a …

**Ratio:** A company petition can be withdrawn if the parties have reached a settlement and the

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**Reasoning:** The court reasoned that since a settlement was reached between the parties, allowing the

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**Interpretation:** The interpretation is that settlements are encouraged in insolvency

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**Application:** In this case, the Applicant and the Corporate Debtor reached a settlement. The

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## Parties

- **Judges:** SHRI. ABNI RANJAN…; L. N. G…
- **Appellants:** Bangalore Airport…
- **Respondents:** Go Airlines…
- **Advocates:** Anusha Jeg…; G.P. Ma…; +2 more

## Timeline

- **2021-08-09 — Order Del…**: Order delivered on 09.08.2021, dismissing the…

## 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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