# 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-01447. Relief Infrastructures, an operational creditor, filed a petition under Section 9 of the…

- **Court:** NCLT
- **Order date:** 19 Mar 2020
- **Citation:** TCN-2020-NCLT-01447
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/ashirbad-real-estate-transport-private-limited-cp-ib-no-915-kb-2018-b45b208f

## Summary

### Background

Relief Infrastructures, an operational creditor, filed a petition 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 defaulted on payments for work done based on a work order issued around February 10, 2015. The operational creditor raised three RA bills totaling Rs. 2,01,70,551/-, but the corporate debtor only paid Rs. 66,00,000/-, leaving a remaining amount of Rs. 1,35,70,551/-. The operational creditor issued a demand notice on May 19, 2018, which was received by the corporate debtor on May 22, 2018.

## Facts

Relief Infrastructures, an operational creditor, filed a petition under Section 9 of the Insolvency and Bankruptcy Code, 2016, to initiate CIRP against Ashirbad Real Estate & Transport Private Limited, the corporate debtor. A work order was issued around February 10, 2015. The operational creditor raised three RA bills totaling Rs. 2,01,70,551/-, but the corporate debtor paid only Rs. 66,00,000/-, leaving Rs. 1,35,70,551/- outstanding. The operational creditor sent a demand notice dated May 19, 2018, received by the corporate debtor on May 22, 2018. The corporate debtor argued the application was not maintainable because the operational creditor was an unregistered partnership firm, the application was time-barred, there were pre-existing disputes, and no amount

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## Issues and analysis

### Issue 1: Whether the application filed by the operational creditor is maintainable given that it is an …

**Ratio:** Section 69(2) of the Partnership Act bars an unregistered partnership firm from filing a

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**Reasoning:** The court considered the arguments regarding the applicability of Section 69(2) of the

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**Interpretation:** The court interpreted Section 69(2) of the Partnership Act as not applicable to

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**Application:** The court held that Section 69(2) of the Partnership Act is not applicable in

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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 last payment in furtherance of the three…

## 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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