# In the matter of GSH Facilities Management Services Private Limited IBA-137-2020

> NCLT judgment dated 2021-02-22. Citation: TCN-2021-NCLT-02959. The case involves an application filed by M/s. I.C.I. Projects (India) Private Limited, the…

- **Court:** NCLT
- **Order date:** 22 Feb 2021
- **Citation:** TCN-2021-NCLT-02959
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/gsh-facilities-management-services-private-limited-iba-137-2020-981b0e44

## Summary

### Background

The case involves an application filed by M/s. I.C.I. Projects (India) Private Limited, the Operational Creditor, under Section 9 of the Insolvency and Bankruptcy Code, 2016, to initiate the Corporate Insolvency Resolution Process (CIRP) against M/s. GSH Facilities Management Services Private Limited, the Corporate Debtor, due to an alleged default in payment of an operational debt. The Operational Creditor claimed a sum of Rs.7,77,539/-, including a principal of Rs.5,44,320/- and interest of Rs.2,33,219/-. The Corporate Debtor argued that there was no debt due and payable, claiming the contract was terminated at the first stage and the TDS amount was reversed.

## Facts

M/s. I.C.I. Projects (India) Private Limited, the Operational Creditor, filed an application under Section 9 of the Insolvency and Bankruptcy Code, 2016, to initiate Corporate Insolvency Resolution Process (CIRP) against M/s. GSH Facilities Management Services Private Limited, the Corporate Debtor. The Operational Creditor claimed a sum of Rs.7,77,539/- as due, including a principal amount of Rs.5,44,320/- and interest of Rs.2,33,219/-, for services rendered. The default date was stated as 01.10.2017. The Operational Creditor submitted a demand notice on 17.09.2019, to which the Corporate Debtor replied on 26.09.2019. The Corporate Debtor argued that the contract was terminated at the first stage itself and that they had remitted TDS on the invoice, which was later

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## Issues and analysis

### Issue 1: Whether there is any pre-existing dispute between the parties before the issuance of the Demand …

**Ratio:** The existence of a pre-existing dispute is a bar to the admission of an application under

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**Reasoning:** The Adjudicating Authority reasoned that the Corporate Debtor had processed the invoice

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**Interpretation:** The court interpreted that the actions of the Corporate Debtor in processing

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**Application:** The court applied the ratio to the facts by noting that the Corporate Debtor's

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## Parties

- **Judges:** R. VARADH…; Anil Ku…
- **Appellants:** M/s. I.C.I…
- **Respondents:** M/s. GSH Facilitie…

## Timeline

- **2017-10-01 — Date of D…**: The date of default is…
- **2017-08-11 — Invoice R…**: Operational Creditor raised Invoice…

## 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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