# In the matter of R.A.J. Krishna Construction Company Private Limited vs. Newera Solutions Private Limited > NCLAT judgment dated 2025-01-08. Citation: TCN-2025-NCLAT-00278. R.A.J. Krishna Construction Company Private Limited (Appellant/Operational Creditor) filed an… - **Court:** NCLAT - **Order date:** 8 Jan 2025 - **Citation:** TCN-2025-NCLAT-00278 - **Category:** IBC - **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/raj-krishna-construction-company-private-limited-vs-newera-solutions-private-lim-68e917bf ## Summary ### Background R.A.J. Krishna Construction Company Private Limited (Appellant/Operational Creditor) filed an appeal against the order dated 26.10.2023 passed by the Adjudicating Authority (National Company Law Tribunal, New Delhi, Bench-II) in CP (IB) No. 205(ND)/2023. The Adjudicating Authority had dismissed the Section 9 application filed by the Operational Creditor for initiating Corporate Insolvency Resolution Process (CIRP) against the Corporate Debtor, New Era Solutions Private Limited. The appellant claimed to be engaged in project management, consultancy, and turnkey construction. A work order was awarded by Home & Soul (H&S) on 12.10.2018, with subsequent addenda. The appellant contended that a Memorandum of Understanding (MoU) dated 07.12.2020 transferred H&S's … ## Facts R.A.J. Krishna Construction Company Private Limited (Appellant), an operational creditor, filed an appeal against the order of the Adjudicating Authority (NCLT) which dismissed its Section 9 application to initiate CIRP against New Era Solutions Private Limited (Corporate Debtor). The Appellant claimed that it was awarded a work order by Home & Soul (H&S) on 12.10.2018. Subsequently, an addendum to the work order was issued on 09.01.2019, and another addendum was signed on 14.12.2020 between the Appellant and H&S. The Appellant asserted that clause-1 of the addendum made the Corporate Debtor responsible for executing the original work order. The Appellant was mandated to raise Running Account Bills (RA Bills) upon the Corporate Debtor, and the Appellant … ## Issues and analysis ### Issue 1: Whether a pre-existing dispute existed between the Operational Creditor and the Corporate Debtor … **Ratio:** The existence of a genuine pre-existing dispute, meaning a dispute that was raised before … **Reasoning:** The court reasoned that the arbitration notice issued by H&S on 19.01.2023, which … **Interpretation:** The court interpreted Section 8 of the IBC to mean that a Corporate Debtor must … **Application:** In this case, the arbitration notice issued by H&S raised disputes … ## Parties - **Judges:** Ashok Bh…; Barun M… - **Appellants:** R.A.J. Krishna… - **Respondents:** NEWERA SOLUTIONS… ## Timeline - **2018-10-12 — Work Order…**: Home & Soul (H&S) issued a work order to R.A.J. Krishna Construction Company Private… - **2019-01-09 — Addendum to Wo…**: An addendum to the work… --- This is a preview. The full structured summary, issues, precedents and source judgment are available on CaseEase - Legal Intelligence Simplified: https://caseease.in/cases/ibc/nclat-new-delhi/raj-krishna-construction-company-private-limited-vs-newera-solutions-private-lim-68e917bf