# In the matter of Unison Hotels Pvt. Ltd.

> NCLT judgment dated 2023-10-30. Citation: TCN-2023-NCLT-00997. The case involves an application filed by the Interim Resolution Professional (IRP) seeking to…

- **Court:** NCLT
- **Order date:** 30 Oct 2023
- **Citation:** TCN-2023-NCLT-00997
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/unison-hotels-pvt-ltd-5c76dbbd

## Summary

### Background

The case involves an application filed by the Interim Resolution Professional (IRP) seeking to withdraw the Corporate Insolvency Resolution Process (CIRP) initiated against M/s. Unisons Hotels Pvt. Ltd. The initial petition was filed under Section 9 of the Insolvency and Bankruptcy Code (IB Code), 2016.

## Facts

M/s. Rama Tent House filed a petition against M/s. Unisons Hotels Pvt. Ltd. under Section 9 of the IB Code, 2016, initiating a Corporate Insolvency Resolution Process (CIRP). An Interim Resolution Professional (IRP) was appointed. Subsequently, the IRP filed an application (IA/5810/2023) seeking to withdraw the CIRP. The court heard the counsel for the applicant and granted permission to withdraw the petition. The order admitting the CIRP was terminated, and the IRP was discharged from their duties, with instructions to hand over all relevant documents to the Corporate Debtor. The moratorium issued under Section 14 was also terminated as a consequence of the CIRP's termination. The Company Petition bearing IB/596/ND/2020 was dismissed as withdrawn.

## Issues and analysis

### Issue 1: Whether the IRP can …

**Ratio:** Regulation 30A(1)(a) of the IBBI regulations allows the IRP to seek withdrawal of the

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**Reasoning:** The court considered the IRP's application and the submissions of the counsel. The court

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**Interpretation:** This regulation provides a mechanism for the IRP to withdraw the CIRP

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**Application:** The court applied Regulation 30A(1)(a) to the facts of the case, allowing the

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## Parties

- **Judges:** MAHENDRA KHANDELWA…; RAHUL BHA…
- **Appellants:** M/s. Rama Tent…
- **Respondents:** M/s. Unisons…

## Timeline

- **2023-10-30 — Order Del…**: Order delivered on 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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