# In the matter of Cloud 9 Projects Pvt. Ltd. IB-2570-(ND)-2019

> NCLT judgment dated 2021-11-12. Citation: TCN-2021-NCLT-00514. M/s Dewpoint Services Consultant LLP, the applicant and operational creditor, filed an…

- **Court:** NCLT
- **Order date:** 12 Nov 2021
- **Citation:** TCN-2021-NCLT-00514
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/cloud-9-projects-pvt-ltd-ib-2570-nd-2019-f58ab9d4

## Summary

### Background

M/s Dewpoint Services Consultant LLP, the applicant and operational creditor, filed an application under Section 9 of the Insolvency and Bankruptcy Code, 2016, seeking to initiate Corporate Insolvency Resolution Process (CIRP) against Cloud 9 Projects Pvt. Ltd., the respondent and corporate debtor, for an alleged default in clearing a debt of Rs. 2,56,134/-, with a principal amount of Rs. 1,54,000/- towards services provided. The respondent had approached the applicant for exclusive designing of the plan for Heating and Ventilation and Venting Air Conditioning (HVAC) Consulting Services for their Projects 'Lotus Peak' and 'Lotus Espacia' in the year 2014. The total fees for the services were decided to be Rs. 3,85,000/-. The applicant claimed that the respondent made

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## Facts

M/s Dewpoint Services Consultant LLP (Operational Creditor) filed an application under Section 9 of the Insolvency and Bankruptcy Code, 2016, to initiate CIRP against Cloud 9 Projects Pvt. Ltd. (Corporate Debtor) for a default of Rs. 2,56,134/-. The debt pertains to services provided by Dewpoint for HVAC consulting for Cloud 9's projects 'Lotus Peak' and 'Lotus Espacia' in 2014, with total fees of Rs. 3,85,000/-. Cloud 9 made 60% payments as per the work order, with the last payment of Rs. 1,18,226/- on 24.06.2015. Dewpoint raised the last demand for the remaining payment on 21.04.2016. Cloud 9, in response to a demand notice, stated that only Rs. 77,000/- was payable and claimed Dewpoint's services were unsatisfactory. Cloud 9 also argued that the application was

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## Issues and analysis

### Issue 1: Whether the application filed by the operational creditor is barred by limitation under the …

**Ratio:** The right to apply under the code accrues on the date when the default occurs. If the

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**Reasoning:** The court reasoned that the date of default was 21.04.2016, and the application was filed

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**Interpretation:** The interpretation of the limitation period under the IBC, in conjunction with

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**Application:** In this case, the default occurred on 21.04.2016, and the application was filed

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## Parties

- **Judges:** SH. P.S.N.…; SH. NARENDER…
- **Appellants:** M/s DEWPOINT…
- **Respondents:** CLOUD 9 PROJECTS…

## Timeline

- **2014-01-01 — Service Agr…**: Respondent approached the applicant for HVAC consulting services for 'Lotus Peak' and…
- **2015-06-24 — Last Payment…**: Applicant received the last payment of…

## 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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