# In the matter of Clicbrics Technologies Pvt. Ltd. vs. Ansal Housing Ltd. Company Appeal (AT)(Insolvency) No. 1268 of 2022

> NCLAT judgment dated 2023-04-05. Citation: TCN-2023-NCLAT-00639. The appeal arises from an order dated 22.08.2022 passed by the Adjudicating Authority,…

- **Court:** NCLAT
- **Order date:** 5 Apr 2023
- **Citation:** TCN-2023-NCLAT-00639
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/clicbrics-technologies-pvt-ltd-vs-ansal-housing-ltd-company-appeal-4adb0977

## Summary

### Background

The appeal arises from an order dated 22.08.2022 passed by the Adjudicating Authority, National Company Law Tribunal, New Delhi, dismissing a Company Petition No. (IB)-1498(PB)/2019 filed under Section 9 of the Insolvency and Bankruptcy Code (IBC) by the Operational Creditor, Clicbrics Technologies Pvt. Ltd. (formerly Redbrics Ites India Pvt. Ltd.), seeking initiation of Corporate Insolvency Resolution Process (CIRP) against the Corporate Debtor, Ansal Housing Limited, for outstanding brokering commission.

## Facts

Clicbrics Technologies Pvt. Ltd. (formerly Redbrics Ites India Pvt. Ltd.), the Operational Creditor, entered into a Memorandum of Understanding (MoU) with Ansal Housing Limited, the Corporate Debtor, to act as the exclusive real estate agent for brokering the sale/purchase of units in the Ansal Town, Meerut project from 10.07.2018 to 31.12.2018. The Operational Creditor raised invoices for brokering commission, but the Corporate Debtor stopped making payments from 10.10.2018. The Operational Creditor sent a demand notice under Section 8 of IBC on 27.03.2019, claiming Rs. 14,70,943.90. The Corporate Debtor replied on 09.04.2019, stating the claims were illegal. The Operational Creditor filed a Section 9 IBC application, which the Adjudicating Authority dismissed,

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## Issues and analysis

### Issue 1: Whether payment of brokerage commission had been triggered in the present case giving rise to an …

**Ratio:** The legal principle is that if services have been rendered and invoices raised, and the

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**Reasoning:** The court reasoned that the Corporate Debtor admitted that the Operational Creditor acted

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**Interpretation:** This means that if a company acknowledges that it received services from an

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**Application:** In this case, the Corporate Debtor admitted that the Operational Creditor acted

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## Parties

- **Judges:** Barun M…
- **Appellants:** Clicbrics…
- **Respondents:** Ansal Housing…; ANSAL HOUSI…
- **Advocates:** Vinod Kr.…; Vikas T…; +2 more

## Timeline

- **2018-07-10 — MoU Exec…**: Operational Creditor and Corporate Debtor entered into a Memorandum of Understanding…
- **2018-10-10 — Payment Ces…**: Corporate Debtor stopped making payments to 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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