# In the matter of BIRD DELHI GENERAL AVIATION SERVICES PRIVATE LIMITED

> NCLT judgment dated 2025-11-07. Citation: TCN-2025-NCLT-01587. Martin Consulting LLC filed a petition under Section 9 of the Insolvency and Bankruptcy Code,…

- **Court:** NCLT
- **Order date:** 7 Nov 2025
- **Citation:** TCN-2025-NCLT-01587
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/bird-delhi-general-aviation-services-private-limited-4c483d95

## Summary

### Background

Martin Consulting LLC filed a petition under Section 9 of the Insolvency and Bankruptcy Code, 2016, against Bird ExecuJet Airport Services Private Limited for initiation of Corporate Insolvency Resolution Process (CIRP) due to unpaid operational debt.

## Facts

Martin Consulting LLC (Operational Creditor) and Bird ExecuJet Airport Services Private Limited (Corporate Debtor) entered into a Consulting Agreement on 01.03.2018.

The Operational Creditor was engaged to develop, establish, and deploy specialist capability for design and development of an apron, a business/corporate aviation terminal.

The agreement provided for payment on a cost-plus basis with a 15% mark-up and an additional 15% success fee.

The Operational Creditor alleges that the Corporate Debtor delayed monthly payments and served a notice of default dated 12.09.2018.

The Corporate Debtor made a part payment of Rs.5,00,000 in January 2019.

…

## Issues and analysis

### Issue 1: Whether the petition is maintainable despite alleged defects in Form 5 and non-compliance with Rule …

**Ratio:** The procedural requirements prescribed are directory in nature and intended to ensure

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**Reasoning:** The Adjudicating Authority found that the Application contained the requisite

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**Interpretation:** Procedural defects that do not affect the core maintainability of the petition

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**Application:** The Adjudicating Authority held that the alleged defects in Form 5 and

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## Parties

- **Judges:** KHETRABASI…; KAUSHALENDRA…
- **Appellants:** Martin Consulting…
- **Respondents:** Bird ExecuJet…
- **Other parties:** Ankur B…
- **Advocates:** Vishav Bharti…; Aditya Bh…

## Timeline

- **2018-03-01 — Consulting Ag…**: Martin Consulting LLC and Bird ExecuJet Airport Services Private Limited entered into a…
- **2018-09-12 — Notice of D…**: Operational Creditor served a notice…

## 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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