# In the matter of Bishnoi Brothers Hotels and Resorts Pvt. Ltd. CP No. 223-9-JPR-2019

> NCLT judgment dated 2022-09-27. Citation: TCN-2022-NCLT-00923. The case involves an application filed under Section 9 of the Insolvency and Bankruptcy Code,…

- **Court:** NCLT
- **Order date:** 27 Sept 2022
- **Citation:** TCN-2022-NCLT-00923
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/bishnoi-brothers-hotels-and-resorts-pvt-ltd-cp-no-223-9-jpr-2019-aac001b6

## Summary

### Background

The case involves an application filed under Section 9 of the Insolvency and Bankruptcy Code, 2016 (IBC) by Anand Bhaiya Proprietor Bhuwan Technique, the Operational Creditor, against Bishnoi Brothers Hotels & Resort Pvt. Ltd., the Corporate Debtor. The Operational Creditor sought initiation of the Corporate Insolvency Resolution Process (CIRP) against the Corporate Debtor.

## Facts

Anand Bhaiya Proprietor Bhuwan Technique, the Operational Creditor, filed a petition against Bishnoi Brothers Hotels & Resort Pvt. Ltd., the Corporate Debtor, under Section 9 of the Insolvency and Bankruptcy Code, 2016. The Operational Creditor, represented by Mr. Archit Bohra, subsequently sought to withdraw the petition. Ms. Akanksha Noval represented the Corporate Debtor. The NCLT Jaipur Bench considered the request for withdrawal and granted permission. Consequently, the petition was dismissed as withdrawn.

## Issues and analysis

### Issue 1: Whether the Operational Creditor can withdraw a petition filed under Section 9 of the Insolvency …

**Ratio:** An Operational Creditor has the right to withdraw a petition filed under Section 9 of the

…

**Reasoning:** The court acknowledged the request of the Operational Creditor, represented by Mr. Archit

…

**Interpretation:** The interpretation is that the IBC allows for the withdrawal of petitions under

…

**Application:** In this case, the Operational Creditor sought to withdraw the petition, and the

…

## Parties

- **Judges:** Deep Chandr…; Prasanta Kumar…
- **Appellants:** Anand Bhaiya…
- **Respondents:** Bishnoi Brothers…

## Timeline

- **2019-01-01 — CP No. (IB)- 223/9/JPR/2…**: CP No. (IB)- 223/9/JPR/2019 was…
- **2022-09-27 — Order for Wit…**: The NCLT granted permission for the withdrawal of the petition, and CP No. (IB)-…

## 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)

---

This is a preview. The full structured summary, issues, precedents and source judgment are available on CaseEase - Legal Intelligence Simplified: https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/bishnoi-brothers-hotels-and-resorts-pvt-ltd-cp-no-223-9-jpr-2019-aac001b6