# In the matter of J.B.K. Developers Pvt. Ltd. Company Petition No. IB-2552-ND-2019

> NCLT judgment dated 2020-08-17. Citation: TCN-2020-NCLT-00844. Creative Infraheights Pvt. Ltd. filed an application under Section 9 of the Insolvency and…

- **Court:** NCLT
- **Order date:** 17 Aug 2020
- **Citation:** TCN-2020-NCLT-00844
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/jbk-developers-pvt-ltd-company-petition-no-ib-2552-nd-2019-b18183dc

## Summary

### Background

Creative Infraheights Pvt. Ltd. filed an application under Section 9 of the Insolvency and Bankruptcy Code, 2016, against JBK Developers Pvt. Ltd. to initiate the Corporate Insolvency Resolution Process (CIRP). The applicant, an operational creditor, claimed that the corporate debtor defaulted on payment for work executed under a work order. The work involved construction activities such as underground tanks and sewage treatment plants. The applicant raised invoices for the work done, but the corporate debtor allegedly failed to make the payments. The applicant issued a demand notice under Section 8 of the IBC, but no reply was received, leading to the filing of the Section 9 application.

## Facts

Creative Infraheights Pvt. Ltd. (the applicant) filed an application under Section 9 of the Insolvency and Bankruptcy Code (IBC), 2016, against JBK Developers Pvt. Ltd. (the corporate debtor) for initiating the Corporate Insolvency Resolution Process (CIRP). The applicant and the corporate debtor entered into a work order agreement on 03.01.2019 for the execution of certain construction work at the corporate debtor's site. The applicant was mandated to carry out work related to underground tanks, sewage treatment plants, and drainage civil work. The total value of the work order was Rs. 17,59,68,574/-. After executing the work order, the applicant raised three running account (RA) bills dated 29.03.2019, 30.03.2019, and 25.04.2019, totaling Rs. 34,081,24.52/-, which

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## Issues and analysis

### Issue 1: Whether the application under …

**Ratio:** Section 9 of the IBC allows an operational creditor to initiate CIRP against a corporate

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**Reasoning:** The court considered the documents and submissions of both parties and found that the

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**Interpretation:** The court interpreted Section 9 of the IBC to mean that an application is

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**Application:** The court applied the ratio to the facts of the case and found that the

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## Parties

- **Judges:** DEEΡΤΙ M…
- **Appellants:** Creative Infraheig…
- **Respondents:** JBK Developers…

## Timeline

- **2019-01-03 — Work Order Ag…**: Applicant and Corporate Debtor entered into a work order agreement bearing no.…
- **2019-03-29 — RA Bill R…**: First Running Account bill…

## 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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