# In the matter of Ombl Infraprojects Pvt. Ltd. CP No.(IB)11-ALD-2021

> NCLT judgment dated 2022-02-07. Citation: TCN-2022-NCLT-04235. The case pertains to CP No.(IB)11/ALD/2021 filed before the National Company Law Tribunal…

- **Court:** NCLT
- **Order date:** 7 Feb 2022
- **Citation:** TCN-2022-NCLT-04235
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/ombl-infraprojects-pvt-ltd-cp-noib11-ald-2021-2f4494a7

## Summary

### Background

The case pertains to CP No.(IB)11/ALD/2021 filed before the National Company Law Tribunal (NCLT), Allahabad Bench. The operational creditor sought to withdraw the petition based on an out-of-court settlement.

## Facts

The case involves Granite Centre India V/S OMBL Infraprojects Pvt Ltd. The operational creditor filed a petition under Section 9 of the IBC. The operational creditor's counsel appeared and sought leave to withdraw the petition due to an out-of-court settlement. There was no representation for the corporate debtor. The NCLT, Allahabad Bench, dismissed the petition as withdrawn.

## Issues and analysis

### Issue 1: Whether the operational creditor can withdraw a petition filed under Section 9 of the IBC based on …

**Ratio:** An operational creditor is generally permitted to withdraw a petition filed under Section

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**Reasoning:** The court allowed the withdrawal based on the submission made by the operational

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**Interpretation:** This implies that the NCLT recognizes and respects the autonomy of parties to

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**Application:** In this case, the operational creditor sought to withdraw the petition due to

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## Parties

- **Judges:** Rajasekha…; Virendra Kumar…
- **Respondents:** OMBL Infraprojects…

## Timeline

- **2022-02-07 — Hearing…**: Hearing held on…

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