# In the matter of Horizon Dwelling Pvt. Ltd. Company Petition (IB)No. 290-ALD-2019

> NCLT judgment dated 2020-06-10. Citation: TCN-2020-NCLT-01203. The case involves a petition filed under Section 9 of the Insolvency and Bankruptcy Code, 2016,…

- **Court:** NCLT
- **Order date:** 10 Jun 2020
- **Citation:** TCN-2020-NCLT-01203
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/horizon-dwelling-pvt-ltd-company-petition-ibno-290-ald-2019-f2e1a76a

## Summary

### Background

The case involves a petition filed under Section 9 of the Insolvency and Bankruptcy Code, 2016, by Manoj Kumar Das, an operational creditor, against Horizon Dwellings Pvt. Ltd., the corporate debtor. The operational creditor and corporate debtor had an agreement dated 19.09.2013 for 36 months, with a monthly consideration. The agreement was renewed for 3 years. The operational creditor provided advisory services. The petitioner rendered services as per the contract, but the invoices were not fully paid. Part payment of Rs. 8 Lakhs was made in November 2017 and April 2018. A demand notice under Section 8 of IBC was issued on 26.02.2019.

## Facts

Manoj Kumar Das, an operational creditor, filed a petition against Horizon Dwellings Pvt. Ltd., a corporate debtor, under Section 9 of the Insolvency and Bankruptcy Code, 2016. An agreement existed between the parties dated 19.09.2013 for 36 months, later renewed for 3 years, where the operational creditor provided advisory services. The corporate debtor partially paid Rs. 8 Lakhs against invoices. A demand notice was issued on 26.02.2019 under Section 8 of IBC for Rs. 33,42,483.83. The corporate debtor claimed a dispute over the amount and argued that the entire amount was already paid, also citing deficiency of service and the need for arbitration. The operational creditor argued that the dispute over the quantum of debt doesn't constitute a pre-existing dispute. The

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## Issues and analysis

### Issue 1: Whether the operational creditor's petition under Section 9 of the Insolvency and Bankruptcy Code, …

**Ratio:** The scheme of the Code ensures that when a default takes place, the insolvency resolution

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**Reasoning:** The Adjudicating Authority relied on the Hon'ble Supreme Court's finding that a claim,

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**Interpretation:** Section 9 allows an operational creditor to initiate CIRP if a corporate debtor

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**Application:** In this case, the amount claimed in default was Rs. 33,42,483.83, which is more

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## Parties

- **Judges:** Rajesh Daya…
- **Appellants:** Manoj Kum…
- **Respondents:** Horizon Dwellings…

## Timeline

- **2013-09-19 — Agreement…**: Agreement between the operational creditor…
- **2017-11-01 — Partial P…**: Part payment of approximately Rs. 8…

## 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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