# In the matter of Sare Facility (OMR) Services Pvt. Ltd. IA-501 & 4586-ND-2021, IA 2016 & 3688-ND-2022 in IB-3353-ND-2019

> NCLT judgment dated 2022-10-10. Citation: TCN-2022-NCLT-00812. The application IA No.3688/2022 was filed on behalf of the Resolution Professional (RP) for the…

- **Court:** NCLT
- **Order date:** 10 Oct 2022
- **Citation:** TCN-2022-NCLT-00812
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/sare-facility-omr-services-pvt-ltd-ia-501-4586-nd-2021-ia-2016-3688-nd-2022-in-i-25faecd5

## Summary

### Background

The application IA No.3688/2022 was filed on behalf of the Resolution Professional (RP) for the withdrawal of the petition under Section 9 of the IBC Code i.e. IB No.3353/2019. The Corporate Insolvency Resolution Process (CIRP) was triggered vide order dated 31.12.2020. The Committee of Creditors (CoC) consists of only one member, Jones Lang Lasalle Building Operations Pvt. Ltd (JLL), who was the original applicant in IB No.3353/2019. The RP confirmed that there are no other claims except the claim of JLL. The CIRP costs and fees have already been paid, and nothing is due towards the Corporate Debtor.

## Facts

Jones Lang Lasalle Building Operations Pvt. Ltd. filed an application under Section 9 of the IBC, 2016, initiating CIRP against Sare Facility (OMR) Services Pvt. Ltd. The CIRP was triggered on 2020-12-31. The Committee of Creditors (CoC) consists of only one member, Jones Lang Lasalle Building Operations Pvt. Ltd. The Resolution Professional (RP) filed an application (IA No.3688/2022) for withdrawal of the CIRP. The RP confirmed that all CIRP costs and fees have been paid, and there are no outstanding dues to the Corporate Debtor. The relevance of these facts is that they support the withdrawal of the CIRP, as the debts have been settled and the process is no longer necessary.

## Issues and analysis

### Issue 1: Whether the application for withdrawal of the CIRP under Section 9 of the IBC Code should be …

**Ratio:** The court has the power to allow the withdrawal of a CIRP application if it is satisfied

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**Reasoning:** The court reasoned that the RP confirmed that all CIRP costs and fees have been paid, and

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**Interpretation:** The interpretation of Section 9 of the IBC Code allows for the withdrawal of a

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**Application:** The ratio and reasoning apply to the specific facts of this case, as the RP

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## Parties

- **Judges:** DHARMINDER…; BINOD KUMAR…
- **Appellants:** Jones Lang…
- **Respondents:** Sare Facility…
- **Advocates:** Aman Chou…; Anshw…

## Timeline

- **2020-12-31 — CIRP Trig…**: CIRP was triggered vide…
- **2022-10-10 — Order Del…**: Order delivered on 10.10.2022…

## 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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