# In the matter of Ecogreen Energy Lucknow Private Limited CP (IB) No. 65-Chd-Hry-2019

> NCLT judgment dated 2021-07-16. Citation: TCN-2021-NCLT-01698. The petition was filed under Section 9 of the Insolvency and Bankruptcy Code, 2016 by Geron…

- **Court:** NCLT
- **Order date:** 16 Jul 2021
- **Citation:** TCN-2021-NCLT-01698
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/ecogreen-energy-lucknow-private-limited-cp-ib-no-65-chd-hry-2019-0841a2f6

## Summary

### Background

The petition was filed under Section 9 of the Insolvency and Bankruptcy Code, 2016 by Geron Engineering Private Limited, the operational creditor, to initiate the Corporate Insolvency Resolution Process (CIRP) against Ecogreen Energy Lucknow Private Limited, the corporate debtor. The operational creditor claimed that the corporate debtor failed to pay an outstanding debt of ₹134.72 lacs. The corporate debtor argued that there was a pre-existing dispute between the parties.

## Facts

Geron Engineering Private Limited, the operational creditor, filed a petition under Section 9 of the Insolvency and Bankruptcy Code, 2016, to initiate CIRP against Ecogreen Energy Lucknow Private Limited, the corporate debtor. The operational creditor claimed that it supplied equipment, spares, and repairs to the corporate debtor for its solid waste management project in Lucknow. The operational creditor raised invoices from 09.11.2017 to 22.10.2018, totaling ₹1,30,50,059, out of which the corporate debtor paid ₹14,91,750. The operational creditor claimed a default of ₹134.72 lacs as of 02.01.2019. A demand notice was sent on 02.01.2019 but was returned undelivered. The corporate debtor contended that the demand notice was not validly served and that there was a

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## Issues and analysis

### Issue 1: Whether the statutory demand notice was validly …

**Ratio:** When a demand notice is sent through speed post to the address of the

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**Reasoning:** The court noted that the demand notice was sent to the registered address of the

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**Interpretation:** The interpretation of the law is that if a demand notice is sent to the correct

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**Application:** The court applied this principle to the facts and found that the demand notice

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## Parties

- **Judges:** Ajay Kumar…; RaghuNa…
- **Appellants:** M/s Geron…
- **Respondents:** M/s Ecogreen…
- **Advocates:** G.S. S…; Anand Chh…; +1 more

## Timeline

- **2017-03-17 — Incorporation of…**: Ecogreen Energy Lucknow Private Limited was…
- **2017-11-09 — Invoice Perio…**: Start date of the period for which invoices…

## 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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