# In the matter of Dev Landcon Pvt. Ltd. (IB)-1238(ND)2019

> NCLT judgment dated 2020-01-23. Citation: TCN-2020-NCLT-02200. The case involves a petition filed by M/s. Arcee Trading Corporation, an operational creditor,…

- **Court:** NCLT
- **Order date:** 23 Jan 2020
- **Citation:** TCN-2020-NCLT-02200
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/dev-landcon-pvt-ltd-ib-1238nd2019-bae1a0f2

## Summary

### Background

The case involves a petition filed by M/s. Arcee Trading Corporation, an operational creditor, under Section 9 of the Insolvency and Bankruptcy Code, 2016 (IBC) read with Rule 6 of the Insolvency and Bankruptcy (Application to Adjudicating Authority) Rules, 2016, to initiate the Corporate Insolvency Resolution Process (CIRP) against M/s. Dev Landcon Private Limited, the corporate debtor. The operational creditor claims that the corporate debtor defaulted on payments for civil structure work assigned vide a work order dated 2017-11-13. The corporate debtor disputes the claim, alleging delays and substandard work, and also raises concerns about the proposed Interim Resolution Professional (IRP).

## Facts

M/s. Arcee Trading Corporation (Operational Creditor) filed a petition under Section 9 of the IBC against M/s. Dev Landcon Pvt. Ltd. (Corporate Debtor) for a default of Rs. 1,07,55,942 plus interest. The Corporate Debtor assigned civil structure work to the Operational Creditor vide work order dated 2017-11-13. The Operational Creditor started the work and further sub-contracted part of it to M/s. Adstec Construction Company. The first billable work was completed on 2018-07-26, and an invoice was raised on 2018-08-24. The Corporate Debtor took measurements at the site, acknowledged and signed by its General Manager. The Corporate Debtor refused to receive the bill, so it was sent via speed post on 2018-10-31. The Operational Creditor claimed to have done additional

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## Issues and analysis

### Issue 1: Whether the Operational Creditor's petition under Section 9 of the IBC is complete and establishes …

**Ratio:** Section 9(5) of the IBC requires the Adjudicating Authority to admit the application if

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**Reasoning:** The court found that the petition was complete and that the operational creditor had

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**Interpretation:** Section 9 of the IBC provides the procedure for an operational creditor to

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**Application:** The court applied Section 9(5) of the IBC to the facts of the case, finding

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## Parties

- **Judges:** Ina Mal…; Shri. L. N.…
- **Appellants:** M/s Arcee Trading…
- **Respondents:** M/s Dev Landcon…

## Timeline

- **2017-11-13 — Work Ord…**: Corporate Debtor assigned civil structure work…
- **2018-07-26 — Completion of First…**: Operational Creditor…

## 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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This is a preview. The full structured summary, issues, precedents and source judgment are available on CaseEase - Legal Intelligence Simplified: https://caseease.in/cases/ibc/nclt-chandigarh/dev-landcon-pvt-ltd-ib-1238nd2019-bae1a0f2