# In the matter of City Mart Maintenance Service Private Limited IB-3213-(ND)-2019

> NCLT judgment dated 2021-03-18. Citation: TCN-2021-NCLT-02653. The case involves an application filed by M/s Jones Lang Lasalle Building Operations Private…

- **Court:** NCLT
- **Order date:** 18 Mar 2021
- **Citation:** TCN-2021-NCLT-02653
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/city-mart-maintenance-service-private-limited-ib-3213-nd-2019-f295db55

## Summary

### Background

The case involves an application filed by M/s Jones Lang Lasalle Building Operations Private Limited, an operational creditor, under Section 9 of the Insolvency and Bankruptcy Code, 2016, to initiate the Corporate Insolvency Resolution Process (CIRP) against M/s City Mart Maintenance Services Private Limited, the corporate debtor, due to an alleged default in payment of Rs. 28,33,240/-. The applicant provided property management services to the respondent based on agreements executed between them.

## Facts

M/s Jones Lang Lasalle Building Operations Private Limited (the Applicant) filed an application under Section 9 of the Insolvency and Bankruptcy Code, 2016, seeking to initiate Corporate Insolvency Resolution Process (CIRP) against M/s City Mart Maintenance Services Private Limited (the Respondent). The Applicant claimed that the Respondent defaulted on payments amounting to Rs. 28,33,240/- for property management services provided under agreements executed between 2013 and 2019. The Applicant submitted that they provided services as per the agreements, raised invoices, and the last payment received was on 02.07.2018. A statutory demand notice was issued on 15.04.2019, but no reply or payment was received. The Respondent initially engaged in settlement talks but later

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## Issues and analysis

### Issue 1: Whether the Applicant, M/s Jones Lang Lasalle Building Operations Private Limited, has established …

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

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**Reasoning:** The Tribunal considered the documents filed by the Applicant, including the agreements,

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**Interpretation:** Section 9 of the IBC is interpreted to mean that if an operational creditor can

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**Application:** In this case, the Applicant provided evidence of agreements for property

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## Parties

- **Judges:** SHRI. P.S.N.…; V.K. SUB…
- **Appellants:** M/s Jones Lang…
- **Respondents:** M/s City Mart…

## Timeline

- **2013-01-01 — Agreements for Property…**: The Respondent engaged the Applicant for providing Property Management Services in the…
- **2017-07-01 — Agreement for Property…**: Agreement titled as 'Letter of Intent for Property Management Services' dated 02.08.2017…

## 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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