# In the matter of Ahluwalia Contracts (India) Limited Vs. Raheja Developers Limited CA(AT)(Insolvency) No. 703-2018

> NCLAT judgment dated 2019-07-23. Citation: TCN-2019-NCLAT-00430. Ahluwalia Contracts (India) Limited filed an application under Section 9 of the Insolvency…

- **Court:** NCLAT
- **Order date:** 23 Jul 2019
- **Citation:** TCN-2019-NCLAT-00430
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/ahluwalia-contracts-india-limited-vs-raheja-developers-limited-ca-edfad808

## Summary

### Background

Ahluwalia Contracts (India) Limited filed an application under Section 9 of the Insolvency and Bankruptcy Code, 2016 against Raheja Developers Limited, the Corporate Debtor. The Adjudicating Authority (National Company Law Tribunal), New Delhi Bench, rejected the application on the ground that the claim of the Appellant falls within the ambit of 'disputed claim'. The Adjudicating Authority observed that arbitration proceedings in respect of the same cause of action had been initiated. The Appellant argued that no arbitration proceeding was initiated or pending on the date of issuance of the demand notice under Section 8(1). The Respondent argued that the Appellant failed to complete the work by February 2017 and abandoned it, incurring costs for the Respondent.

## Facts

Ahluwalia Contracts (India) Limited (Appellant) filed an application under Section 9 of the Insolvency and Bankruptcy Code, 2016 against Raheja Developers Limited (Respondent/Corporate Debtor). The Adjudicating Authority rejected the application, stating the claim was a 'disputed claim'. The Appellant sent an e-mail on 11th August, 2017, to the Respondent requesting pending WCT certificates. The Appellant sent another e-mail on 21st August, 2017, for outstanding payment of Rs. 6,51,11,525/-. The Respondent alleged delay in execution of works in a letter dated 28th August, 2017. The Appellant raised R.A. Bill No. 21 on 25th October, 2017, and R.A. Bill No. 22 on 23rd February, 2018. The Appellant sent an e-mail on 5th March, 2018, for pending WCT certificates and

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## Issues and analysis

### Issue 1: Whether the Adjudicating Authority was correct in rejecting the application under Section 9 of the …

**Ratio:** The existence of a pre-existing dispute is a crucial factor in determining the

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**Reasoning:** The NCLAT reasoned that the Adjudicating Authority failed to appreciate that the

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**Interpretation:** The interpretation of Section 9 of the IBC requires the Adjudicating Authority

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**Application:** In this case, the NCLAT found that the arbitration proceeding was initiated

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## Parties

- **Judges:** S.J. Mukhop…; A.I.S. C…; +1 more
- **Appellants:** Ahluwalia…
- **Respondents:** Raheja Developers…

## Timeline

- **2017-08-11 — Appellant's…**: Appellant sent an e-mail to Respondent…
- **2017-08-21 — Appellant's Email for…**: Appellant sent an e-mail for…

## 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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