# In the matter of Sarambambika Power Plant Pvt. Ltd. IA No. 01 of 2020 in TCP (IB) No. 08-9-AMR-TP-2019 {CP (IB) No. 433-9-NCLT-HDB-2019}

> NCLT judgment dated 2020-01-20. Citation: TCN-2020-NCLT-02275. The case involves an application by Nitin Coal Private Limited, an operational creditor,…

- **Court:** NCLT
- **Order date:** 20 Jan 2020
- **Citation:** TCN-2020-NCLT-02275
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/sarambambika-power-plant-pvt-ltd-ia-no-01-of-2020-in-tcp-ib-no-08-9-amr-tp-2019-d0a03926

## Summary

### Background

The case involves an application by Nitin Coal Private Limited, an operational creditor, against Saradambika Power Plant Private Limited, the corporate debtor, under Section 9 of the Insolvency and Bankruptcy Code, 2016. The corporate debtor alleged that the demand notice was not properly served. To avoid discrepancies, the applicant sought to withdraw the company petition with the liberty to file a fresh petition after proper demand notice.

## Facts

Nitin Coal Private Limited, an operational creditor, initiated proceedings against Saradambika Power Plant Private Limited under Section 9 of the Insolvency and Bankruptcy Code, 2016. The corporate debtor, Saradambika Power Plant Private Limited, contested the application, alleging that the demand notice (Form 3) was not properly served. The applicant, Nitin Coal Private Limited, sought to introduce additional evidence of service via an Interlocutory Application, showing service to the director's email. To avoid potential issues with the service of the demand notice, the applicant decided to withdraw the company petition with the intention of filing a fresh petition after ensuring proper service of the demand notice. The respondent did not object to the withdrawal. The

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## Issues and analysis

### Issue 1: Whether the Applicant/Operational Creditor can withdraw the Company Petition CP (IB) No. …

**Ratio:** Rule 8 of the Insolvency and Bankruptcy (Application to Adjudicating Authority) Rules,

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**Reasoning:** The court reasoned that since the applicant sought withdrawal before the admission of the

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**Interpretation:** Rule 8 provides a mechanism for applicants to withdraw their applications

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**Application:** The court applied Rule 8 to the specific facts, noting that the applicant

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## Parties

- **Judges:** Janab Mohammed…
- **Appellants:** Nitin Coal…
- **Respondents:** Sarabambika Power…

## Timeline

- **2020-01-01 — IA No. 01 of 2…**: IA No. 01 of 2020 filed on…
- **2020-01-20 — Hearing…**: Attendance-cum-order sheet of 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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