# In the matter of Aditzaa Design Technologies Private Limited C.P. (IB)No. 157-BB-2018

> NCLT judgment dated 2019-08-28. Citation: TCN-2019-NCLT-01719. The case involves an application filed under Section 9 of the Insolvency and Bankruptcy Code…

- **Court:** NCLT
- **Order date:** 28 Aug 2019
- **Citation:** TCN-2019-NCLT-01719
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/aditzaa-design-technologies-private-limited-cp-ibno-157-bb-2018-6cdfc331

## Summary

### Background

The case involves an application filed under Section 9 of the Insolvency and Bankruptcy Code (IBC), 2016, read with Rule 6 of the Insolvency and Bankruptcy (Application to Adjudicating Authority) Rules, 2016, by Mr. Rang Emei Gonmei, Sole Proprietor of Helix Healthcare Architecture (Operational Creditor), to initiate Corporate Insolvency Resolution Process (CIRP) against M/s. Aditazz Design Technologies Private Limited (Corporate Debtor). The Operational Creditor claims that the Corporate Debtor defaulted on a total amount of Rs. 3,71,86,040/- which includes principal amount and interest. The Corporate Debtor approached the Operational Creditor in October 2017 to avail Architectural Design Consultancy Services and awarded the contract through various agreements and

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## Facts

Mr. Rang Emei Gonmei, operating as Helix Healthcare Architecture, provided architectural design and interior designing consultancy services to the healthcare industry. M/s. Aditazz Design Technologies Private Limited, a company incorporated under the Companies Act, 2013, with its registered office in Bengaluru, engaged in providing IT software design consultancy services for health facility buildings. In October 2017, Aditazz approached Helix Healthcare Architecture to avail architectural design consultancy services, awarding the contract through agreements and email instructions. Helix Healthcare Architecture fulfilled its deliverables and raised invoices to Aditazz. Aditazz made some running payments but defaulted on a total amount of Rs. 3,71,86,040/-, including

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## Issues and analysis

### Issue 1: Whether the Corporate Debtor defaulted on the operational debt owed to the Operational Creditor, …

**Ratio:** Section 9 of the IBC, 2016, allows an operational creditor to initiate CIRP against a

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**Reasoning:** The Adjudicating Authority considered the evidence presented by the Operational Creditor,

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**Interpretation:** Section 9 of the IBC is interpreted to mean that if an operational creditor can

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**Application:** In this case, the Operational Creditor provided sufficient evidence of the debt

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## Parties

- **Judges:** Rajeswara Rao…; Ashok Kumar…
- **Appellants:** Rang Emei…
- **Respondents:** M/s. Aditazz…

## Timeline

- **2017-10-01 — Contract…**: The Corporate Debtor approached the Operational Creditor in the month of October 2017 to…
- **2018-06-05 — Demand Notice…**: The Operational Creditor issued a demand notice under the provisions of the Code to the…

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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/nclt-chandigarh/aditzaa-design-technologies-private-limited-cp-ibno-157-bb-2018-6cdfc331