# In the matter of Ashirbad Real Estate & Transport Private Limited C.P. (IB) No. 915-KB-2018

> NCLT judgment dated 2020-03-19. Citation: TCN-2020-NCLT-01451. The case involves an application filed by Relief Infrastructures, an Operational Creditor,…

- **Court:** NCLT
- **Order date:** 19 Mar 2020
- **Citation:** TCN-2020-NCLT-01451
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/ashirbad-real-estate-transport-private-limited-cp-ib-no-915-kb-2018-72a71e94

## Summary

### Background

The case involves an application filed by Relief Infrastructures, an Operational Creditor, under Section 9 of the Insolvency and Bankruptcy Code, 2016, to initiate Corporate Insolvency Resolution Process (CIRP) against Ashirbad Real Estate & Transport Private Limited, the Corporate Debtor. The Operational Creditor claimed that the Corporate Debtor defaulted on payments for work done, leading to the application for CIRP. The Corporate Debtor disputed the claim, asserting that the application was not maintainable due to the applicant being an unregistered partnership firm, the application being time-barred, pre-existing disputes, and no amount being due.

## Facts

Relief Infrastructures, an operational creditor, filed an application under Section 9 of the Insolvency and Bankruptcy Code, 2016, to initiate the Corporate Insolvency Resolution Process (CIRP) against Ashirbad Real Estate & Transport Private Limited, the corporate debtor. The operational creditor claimed that the corporate debtor had issued a work order around February 10, 2015, and in the course of performing the work, the operational creditor raised three RA bills totaling Rs. 2,01,70,551. The corporate debtor paid Rs. 66,00,000, leaving a remaining amount of Rs. 1,35,70,551 due. The operational creditor claimed that the amount in default, including interest, was Rs. 2,04,91,532 from August 1, 2015. The corporate debtor had paid TDS on the bills but later asked

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## Issues and analysis

### Issue 1: Whether the application filed by an unregistered partnership firm is maintainable under Section 9 …

**Ratio:** The bar under Section 69(2) of the Partnership Act does not apply to applications under

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**Reasoning:** The court held that Section 69(2) of the Partnership Act, which restricts unregistered

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**Interpretation:** Section 69(2) of the Partnership Act is interpreted narrowly to apply only to

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**Application:** The court applied this principle to the case, holding that the fact that Relief

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## Parties

- **Judges:** Jinan…
- **Appellants:** Relief Infrastruct…
- **Respondents:** Ashirbad Real…

## Timeline

- **2015-02-10 — Work Order…**: The Corporate Debtor issued a work…
- **2015-06-06 — Last Pay…**: The Corporate Debtor made the last payment…

## 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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