# 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-01725. The case pertains to an application filed under Section 9 of the Insolvency and Bankruptcy Code…

- **Court:** NCLT
- **Order date:** 28 Aug 2019
- **Citation:** TCN-2019-NCLT-01725
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/aditzaa-design-technologies-private-limited-cp-ibno-157-bb-2018-7c36117f

## Summary

### Background

The case pertains to 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, an operational creditor, against M/s. Aditazz Design Technologies Private Limited, the corporate debtor. The operational creditor sought to initiate the Corporate Insolvency Resolution Process (CIRP) against the corporate debtor due to an alleged default in payment of Rs. 3,71,86,040/-. The corporate debtor allegedly defaulted on payments for architectural design consultancy services provided by the operational creditor.

## 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. Helix fulfilled its deliverables and raised invoices. Aditazz made running payments but allegedly defaulted on a total amount of Rs. 3,71,86,040/-. A demand notice was issued on June 5, 2018, and delivered to Aditazz. The directors of Aditazz responded on

…

## Issues and analysis

### Issue 1: Whether the Corporate Debtor committed a …

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

…

**Reasoning:** The Adjudicating Authority considered the invoices raised by the Operational Creditor,

…

**Interpretation:** The court interpreted the evidence presented as sufficient to establish that a

…

**Application:** Based on the facts presented, the court concluded that the Corporate Debtor had

…

## Parties

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

## Timeline

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

## 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)

---

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-2018-7c36117f