# In the matter of Manoj Kumar Vs. Ample Infrastructure Pvt. Ltd. & Anr. CA(AT)(Insolvency) No. 645 of 2019

> NCLAT judgment dated 2019-11-13. Citation: TCN-2019-NCLAT-00155. The case involves an appeal against the admission of an application under Section 7 of the…

- **Court:** NCLAT
- **Order date:** 13 Nov 2019
- **Citation:** TCN-2019-NCLAT-00155
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/manoj-kumar-vs-ample-infrastructure-pvt-ltd-anr-ca-ff31a1fe

## Summary

### Background

The case involves an appeal against the admission of an application under Section 7 of the Insolvency and Bankruptcy Code (IBC) by Ample Infrastructure Pvt. Ltd. against Intellicity Business Park Pvt. Ltd., the Corporate Debtor. The application was admitted by the Adjudicating Authority (National Company Law Tribunal) on 2019-05-27. The appeal was filed by the Director of the Corporate Debtor.

## Facts

Ample Infrastructure Pvt. Ltd. filed an application under Section 7 of the Insolvency and Bankruptcy Code, 2016, against Intellicity Business Park Pvt. Ltd. before the NCLT, New Delhi. The application was admitted on 2019-05-27. The Appellant claims there was a builder-buyer agreement between the Financial Creditor and the Corporate Debtor. The agreement, dated 2013-10-03, contained a clause (clause-11) related to the schedule for possession. The Corporate Debtor was supposed to deliver possession by October 2017, or by April 2018 with a six-month grace period. Clause 11(b) provided for compensation in case of delay due to force majeure. Clause 51 of the agreement allowed for cancellation/withdrawal with a deduction of 15% of the basic sale price. The Appellant argued

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## Issues and analysis

### Issue 1: Whether the allottee could file an application under Section 7 of the IBC given the options …

**Ratio:** The IBC provides an option for allottees to move before the Adjudicating Authority for

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**Reasoning:** The court reasoned that despite the options available in the builder-buyer agreement, the

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**Interpretation:** The interpretation is that the IBC's provisions for Financial Creditors are not

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**Application:** The ratio applies to the facts by allowing the allottee to pursue remedies

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## Parties

- **Judges:** A.I.S. C…; KanthiNar…; +1 more
- **Appellants:** Manoj K…
- **Respondents:** Intellicity…; Ample Infrastructu…

## Timeline

- **2013-10-03 — Agreement…**: Date of the builder-buyer agreement between the Financial Creditor and the Corporate…
- **2017-10-01 — Original Posses…**: Original date by which the Corporate…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 7 — Initiation of corporate insolvency resolution…](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-7)

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