# In the matter of Sare Facility (OMR) Services Private Limited Company Petition No. IB-3353-ND-2019

> NCLT judgment dated 2020-12-31. Citation: TCN-2020-NCLT-00002. The case involves an application filed under Section 9 of the Insolvency and Bankruptcy Code,…

- **Court:** NCLT
- **Order date:** 31 Dec 2020
- **Citation:** TCN-2020-NCLT-00002
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/sare-facility-omr-services-private-limited-company-petition-no-ib-3353-nd-2019-722fcdc5

## Summary

### Background

The case involves an application filed under Section 9 of the Insolvency and Bankruptcy Code, 2016 by Jones Lang Lasalle Building Operations Private Limited (the Applicant/Operational Creditor) to initiate the Corporate Insolvency Resolution Process (CIRP) against Sare Facility (OMR) Services Private Limited (the Corporate Debtor). The applicant provided property management services to the corporate debtor under a Property Management Service Agreement dated 31.08.2018. The applicant claimed that the corporate debtor defaulted in payment of invoices raised for services rendered from September 2018 to June 2019, leading to an outstanding debt of Rs. 52,75,559/-.

## Facts

Jones Lang Lasalle Building Operations Private Limited (the 'Applicant') filed an application under Section 9 of the Insolvency and Bankruptcy Code, 2016 ('IBC') to initiate the Corporate Insolvency Resolution Process ('CIRP') against Sare Facility (OMR) Services Private Limited (the 'Corporate Debtor'). The Applicant and the Corporate Debtor entered into a Property Management Service Agreement dated 31.08.2018, under which the Applicant provided property management services at the Corporate Debtor's site, Crescent Parc Dewy Terraces. The Applicant raised monthly invoices for services rendered from September 2018 to June 2019. The Corporate Debtor allegedly failed to make payment of various invoices, resulting in a total unpaid debt of Rs. 52,75,559/-. The Applicant

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## Issues and analysis

### Issue 1: Whether the application filed under Section 9 of the Insolvency and Bankruptcy Code, 2016 is …

**Ratio:** Section 9 of the IBC allows an operational creditor to initiate CIRP against a corporate

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**Reasoning:** The court noted that the applicant had submitted documents and evidence to support its

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**Interpretation:** Section 9 provides the mechanism for operational creditors to recover their

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**Application:** The applicant, being an operational creditor, filed the application under

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## Parties

- **Judges:** DEEPTI M…; SUMITA PURK…; +1 more
- **Appellants:** Jones Lang…
- **Respondents:** SARE FACILITY…

## Timeline

- **2018-08-31 — Property Management…**: Execution of Property Management Service Agreement between Jones Lang Lasalle Building…
- **2018-09-01 — Invoice Perio…**: Start of the period for which invoices were…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 8 — Insolvency resolution by operational creditor](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-8)

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