# In the matter of Info-Alliance Trading Pvt. Ltd. C.P.(I.B)-2289-9-(MB)-2018

> NCLT judgment dated 2018-10-29. Citation: TCN-2018-NCLT-00463. The case involves European Projects & Aviation Ltd. as the petitioner and Infro-Alliance…

- **Court:** NCLT
- **Order date:** 29 Oct 2018
- **Citation:** TCN-2018-NCLT-00463
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/info-alliance-trading-pvt-ltd-cpib-2289-9-mb-2018-0a66695c

## Summary

### Background

The case involves European Projects & Aviation Ltd. as the petitioner and Infro-Alliance Trading Pvt. Ltd. as the respondent. The matter was brought before the National Company Law Tribunal (NCLT), Mumbai Bench, under Section 9 of the Insolvency and Bankruptcy Code, 2016. The case was listed as (30)C.P.(I.B)-2289/9/(MB)/2018.

## Facts

European Projects & Aviation Ltd. filed a petition against Infro-Alliance Trading Pvt. Ltd. under Section 9 of the Insolvency and Bankruptcy Code, 2016. Both parties reached an amicable settlement, which was approved by the Committee of Creditors (COC) in a meeting held on 2018-10-17 with 100% support for the withdrawal of the petition. The Learned Representative of the Respondent was present, and the Petitioner was present in person. The NCLT, Mumbai Bench, considered the consent terms and approved the withdrawal of the petition.

## Issues and analysis

### Issue 1: Whether the petition filed by European Projects & Aviation Ltd. against Infro-Alliance Trading …

**Ratio:** Section 12A of the Insolvency and Bankruptcy Code, 2016, allows for the withdrawal of an

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**Reasoning:** The court reasoned that both parties had amicably settled the matter, and the COC had

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**Interpretation:** Section 12A provides a mechanism for parties to resolve disputes outside of the

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**Application:** In this case, the parties reached an amicable settlement, and the COC approved

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## Parties

- **Judges:** M.K. Sh…
- **Appellants:** European Projects…
- **Respondents:** Infro-Alliance…

## Timeline

- **2018-10-17 — COC Meet…**: The Committee of Creditors (COC) held a meeting and approved the amicable settlement with…
- **2018-10-29 — Order Da…**: The National Company Law Tribunal (NCLT), Mumbai Bench, issued an order allowing the…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 12A — (1) Subject to sub](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-12a)

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