# In the matter of Apurva Kamdar Suspended Designated Partner Of Pck Corporation LLP vs. Hotel Horizon Pvt. Ltd. & Anr.

> NCLAT judgment dated 2025-07-23. Citation: TCN-2025-NCLAT-00417. Hotel Horizon Pvt. Ltd. (Operational Creditor) filed an application under Section 9 of the…

- **Court:** NCLAT
- **Order date:** 23 Jul 2025
- **Citation:** TCN-2025-NCLAT-00417
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/apurva-kamdar-suspended-designated-partner-of-pck-corporation-llp-vs-hotel-horiz-c24a8ab2

## Summary

### Background

Hotel Horizon Pvt. Ltd. (Operational Creditor) filed an application under Section 9 of the Insolvency and Bankruptcy Code, 2016 against PCK Corporation LLP (Corporate Debtor) for resolution of an amount of Rs. 1,47,92,962/-. The application was admitted by the National Company Law Tribunal, Mumbai Bench IV, and Sunil Kumar Bansal was appointed as the IRP.

## Facts

Hotel Horizon Pvt. Ltd. (Operational Creditor) filed an application under Section 9 of the Insolvency and Bankruptcy Code against PCK Corporation LLP (Corporate Debtor).

The claim amount was Rs. 1,47,92,962/-.

The Corporate Debtor argued frustration of contract due to termination of a master franchise agreement.

The Operational Creditor is the owner of a land and building at Juhu Tara Road, Juhu Mumbai and leased out a unit to the Corporate Debtor.

A leave and license agreement was executed on 15.11.2017 for a period of 5 years for running a restaurant under the name of 'The Kattlery'.

The Corporate Debtor failed to pay the license fee, CAM charges, and other utilities.

The Operational Creditor issued a notice under Section 8 of the Code on 27.12.2019.

…

## Issues and analysis

### Issue 1: Whether the Tribunal committed an error in admitting the application under Section 9 despite the …

**Ratio:** The Tribunal did not commit an error as it interpreted the provision in the impugned

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**Reasoning:** Clause 14.3 (b) of the agreement provides that the Corporate Debtor could still have used

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**Interpretation:** The existence of a provision allowing the Corporate Debtor to use the premises

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**Application:** The Appellate Tribunal applied this interpretation to the facts of the case and

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## Parties

- **Judges:** Rakesh Kuma…; Mohammad Faiz…; +1 more
- **Appellants:** Apurva K…
- **Respondents:** PCK Corporation…; Hotel Horizon…
- **Other parties:** Sunil Kumar…
- **Advocates:** Atul S…; Pulkit K…

## Timeline

- **2023-06-16 — Order Da…**: Order passed by the National Company Law Tribunal, Mumbai Bench IV, admitting the…
- **2025-07-23 — Appeal Decisi…**: The Appellate Tribunal…

## 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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