# In the matter of Simplex Infrastructures Limited Vs. Nitesh Estates Limited CA(AT)(Ins)No. 740 of 2019

> NCLAT judgment dated 2020-06-23. Citation: TCN-2020-NCLAT-00214. Simplex Infrastructures Limited, the Appellant and original Operational Creditor, filed an…

- **Court:** NCLAT
- **Order date:** 23 Jun 2020
- **Citation:** TCN-2020-NCLAT-00214
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/simplex-infrastructures-limited-vs-nitesh-estates-limited-ca-1645c0bd

## Summary

### Background

Simplex Infrastructures Limited, the Appellant and original Operational Creditor, filed an appeal against the rejection of its application under Section 9 of the Insolvency and Bankruptcy Code, 2016 (IBC). The application, CP (IB) No.02/BB/2018, was filed before the National Company Law Tribunal, Bengaluru Bench, against Nitesh Estates Limited, the Respondent and Corporate Debtor. The Adjudicating Authority rejected the application, leading to the appeal before the NCLAT.

## Facts

Simplex Infrastructures Limited (Appellant) entered into a contract agreement with Nitesh Estates Limited (Respondent) for the construction of the Ritz Carlton Hotel in Bangalore. The agreement was executed on March 19, 2008. The Appellant claims the construction was completed in 2012 and the hotel became functional in 2013. A Final Payment Certificate was issued on October 31, 2014, but a balance of Rs.6,03,55,646/- remained unpaid. The Appellant sent a demand notice under Section 8 of the IBC on September 28, 2017. The Respondent replied on October 28, 2017, without raising any dispute. However, Nitesh Residency Hotels Private Limited (NRHPL), a subsidiary of the Respondent, sent a response on December 2, 2017. The Appellant filed an application under Section 9 of

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## Issues and analysis

### Issue 1: Whether there was a pre-existing dispute regarding …

**Ratio:** The existence of a pre-existing dispute is a bar to the admission of an application under

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**Reasoning:** The Adjudicating Authority found that there was a pre-existing dispute based on an email

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**Interpretation:** The court interpreted the email as evidence of a genuine dispute regarding the

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**Application:** The court applied the ratio to the facts by finding that the email from the

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## Parties

- **Judges:** A.I.S. C…; KanthiNar…
- **Appellants:** SIMPLEX INFRASTRUC…
- **Respondents:** Nitesh Estates…

## Timeline

- **2008-03-19 — Contract Agreement…**: Simplex Infrastructures Limited and Nitesh Estates Limited executed a contract agreement…
- **2014-04-07 — Taking Over Ce…**: Taking Over Certificate dated 7th April, 2014 was signed and handed over to the Appellant…

## 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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