# In the matter of Paras Seasons Haven Pvt. Ltd. Company Petition No. IB-159-ND-2019

> NCLT judgment dated 2020-08-17. Citation: TCN-2020-NCLT-00845. The applicant, an operational creditor, filed an application under Section 9 of the Insolvency…

- **Court:** NCLT
- **Order date:** 17 Aug 2020
- **Citation:** TCN-2020-NCLT-00845
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/paras-seasons-haven-pvt-ltd-company-petition-no-ib-159-nd-2019-2bf2745a

## Summary

### Background

The applicant, an operational creditor, filed an application under Section 9 of the Insolvency and Bankruptcy Code, 2016, to initiate the Corporate Insolvency Resolution Process against the corporate debtor due to unpaid operational debt for civil, interior, and finishing work services.

## Facts

Yogendra Kumar Sharma, sole proprietor of M/s Kumar Builders, filed an application under Section 9 of the Insolvency and Bankruptcy Code, 2016, read with Rule 6 of the Insolvency and Bankruptcy (Application to Adjudicating Authority) Rules, 2016, to initiate the Corporate Insolvency Resolution Process against Paras Seasons Heaven Pvt. Ltd. The applicant provides civil, interior, and finishing work services. The corporate debtor issued various work orders to the applicant for Project Paras Seasons, Sector 168, Noida. The applicant rendered services and raised RA bills between September 2015 and January 2017. The corporate debtor paid some bills, but an outstanding debt of Rs. 28,83,728/- remained. On November 14, 2018, the applicant served a demand notice under Section

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## Issues and analysis

### Issue 1: Whether the corporate debtor's objections constitute a pre-existing dispute that would prevent the …

**Ratio:** A dispute must be a plausible contention requiring further investigation, not a patently

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**Reasoning:** The NCLT found that the corporate debtor failed to provide proof of service of the debit

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**Interpretation:** The NCLT interpreted the Supreme Court's ruling in Mobilox Innovative Private

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**Application:** Applying this interpretation, the NCLT concluded that the corporate debtor's

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## Parties

- **Judges:** DEEΡΤΙ M…; DEEPTI M…
- **Appellants:** Yogendra Kumar…; Yogendra Kumar…
- **Respondents:** Paras Seasons…
- **Advocates:** For the applicant:…; For the respondent…; +1 more

## Timeline

- **July 30, 2010 — Corporate Debtor…**: Paras Seasons Heaven Pvt. Ltd. was…
- **September 2015 — Start of RA…**: The applicant started raising various RA bills for work orders issued by the corporate…

## 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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