# 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-01707. 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-01707
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/ecogreen-energy-lucknow-private-limited-cp-ib-no-65-chd-hry-2019-a9ca8ff4

## Summary

### Background

The petition was filed under Section 9 of the Insolvency and Bankruptcy Code, 2016, by Geron Engineering Private Limited (Operational Creditor) to initiate the Corporate Insolvency Process (CIRP) against Ecogreen Energy Lucknow Private Limited (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 (Operational Creditor) filed a petition under Section 9 of the Insolvency and Bankruptcy Code, 2016, to initiate CIRP against Ecogreen Energy Lucknow Private Limited (Corporate Debtor). The Operational Creditor claimed that it supplied equipment, spares, and repaired equipment for the Corporate Debtor's 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 issued a demand notice on 02.01.2019, which was sent to the Corporate Debtor's registered address on 04.01.2019 but was returned undelivered. The demand notice was also served by hand on 04.01.2019. The Corporate Debtor argued

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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:** This interpretation clarifies the requirements for valid service of a demand

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**Application:** The court applied this principle to the facts, concluding that the demand

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## Parties

- **Judges:** Ajay Kumar…; RaghuNa…
- **Appellants:** M/s Geron…
- **Respondents:** M/s Ecogreen…

## Timeline

- **2017-03-17 — Incorporation of…**: Ecogreen Energy Lucknow…
- **2017-11-09 — Start of Invoi…**: 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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