# In the matter of Black N Green Mobile Solutions Pvt. Ltd. CP-625-(IB)-CB-2017

> NCLT judgment dated 2017-12-08. Citation: TCN-2017-NCLT-00085. The case pertains to an application filed under Section 9 of the Insolvency and Bankruptcy…

- **Court:** NCLT
- **Order date:** 8 Dec 2017
- **Citation:** TCN-2017-NCLT-00085
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/black-n-green-mobile-solutions-pvt-ltd-cp-625-ib-cb-2017-cb72737d

## Summary

### Background

The case pertains to an application filed under Section 9 of the Insolvency and Bankruptcy Code, 2016 (IBC) by an Operational Creditor against Black N Green Mobile Solutions Pvt Ltd, the Corporate Debtor. The Operational Creditor claimed unpaid lease rent for a property sub-let to the Corporate Debtor. The Corporate Debtor argued there was no agreement between them and the Operational Creditor. The Operational Creditor provided evidence of e-mail communications and Form 26AS (TDS) to demonstrate a clear understanding between the parties regarding their landlord-tenant relationship.

## Facts

The Operational Creditor let out premises to a lessee, who then sub-let 4471 sq. ft. to the Corporate Debtor with the Operational Creditor's consent. The Corporate Debtor directly paid lease rent to the Operational Creditor from January 2014 to September 2014. Lease rent for the sub-let premises was due from the Corporate Debtor for the period 05.10.2014 to 05.05.2015. The Operational Creditor issued a demand notice dated 14.09.2017 under Section 8 of the I&B Code, 2016, demanding payment of Rs. 28,04,553/- with interest @ 18% p.a. The Corporate Debtor replied on 27.09.2017, stating that the lease was entered into between M/s. Universal Power Systems Private Limited and the Operational Creditor, and there was no agreement between the Corporate Debtor and the

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## Issues and analysis

### Issue 1: Whether the application filed by the Operational Creditor under Section 9 of the Insolvency and …

**Ratio:** Section 9 of the Insolvency and Bankruptcy Code, 2016 allows an operational creditor to

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**Reasoning:** The court found that the Operational Creditor had fulfilled all the requirements of law

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**Interpretation:** Section 9 provides a mechanism for operational creditors to recover their dues

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**Application:** The court applied Section 9 to the facts of the case, finding that the

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## Parties

- **Judges:** Ch. Mohd Sharief…
- **Appellants:** Mahesh Ma…
- **Respondents:** Black N Green…
- **Advocates:** A.G. Sathyanarayan…

## Timeline

- **2012-12-03 — Lease Agr…**: Original Lease…
- **2014-01-01 — Lease Rent P…**: Corporate Debtor paid lease rent directly to the Operational Creditor from January 2014…

## 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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