# 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-01711. The case originates from an application filed under Section 9 of the Insolvency and Bankruptcy…

- **Court:** NCLT
- **Order date:** 28 Aug 2019
- **Citation:** TCN-2019-NCLT-01711
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/aditzaa-design-technologies-private-limited-cp-ibno-157-bb-2018-a5aeedaf

## Summary

### Background

The case originates from an application filed under Section 9 of the Insolvency and Bankruptcy Code (IBC), 2016, by Mr. Rang Emei Gonmei, the 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) due to a default in payment of Rs. 3,71,86,040.00. The Corporate Debtor allegedly defaulted on payments for Architectural Design Consultancy Services provided by the Operational Creditor. The Operational Creditor fulfilled deliverables as per written agreements and raised invoices, while the Corporate Debtor made running payments but failed to settle outstanding invoices despite numerous follow-ups. A demand notice was issued on June 5,

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## Facts

Mr. Rang Emei Gonmei, operating as Helix Healthcare Architecture, provided Architectural Design Consultancy Services to M/s. Aditazz Design Technologies Private Limited. The Corporate Debtor approached the Operational Creditor in October 2017 to avail these services, leading to a contract through various agreements and email instructions. The Operational Creditor fulfilled the deliverables and raised invoices. The Corporate Debtor made some running payments but defaulted on a total amount of Rs. 3,71,86,040.00, including principal and interest. A demand notice was issued on June 5, 2018, and delivered to the Corporate Debtor. The Directors of the Respondent Company replied on June 20, 2018, disclaiming connections with the Corporate Debtor. Mr. Rang Emei Gonmei filed

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## Issues and analysis

### Issue 1: Whether the Corporate Debtor committed a default in payment of the operational debt to the …

**Ratio:** The legal principle applied is that if a corporate debtor defaults on an operational debt

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**Reasoning:** The court reasoned that the Operational Creditor provided evidence of the debt and

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**Interpretation:** The interpretation of the IBC is that an operational debt is considered

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**Application:** The court applied this principle to the facts by finding that the Corporate

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## 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…**: The Operational Creditor issued a demand notice to the Respondent/Corporate Debtor for…

## 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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