# In the matter of Pranay Infrabuild Pvt. Ltd. CP NO. (IB) No. 90-9-JPR-2018

> NCLT judgment dated 2021-10-07. Citation: TCN-2021-NCLT-00786. R.K. & Associates, claiming to be an Operational Creditor, filed an application under Section 9…

- **Court:** NCLT
- **Order date:** 7 Oct 2021
- **Citation:** TCN-2021-NCLT-00786
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/pranay-infrabuild-pvt-ltd-cp-no-ib-no-90-9-jpr-2018-cf0405f9

## Summary

### Background

R.K. & Associates, claiming to be an Operational Creditor, filed an application under Section 9 of the Insolvency and Bankruptcy Code, 2016, seeking initiation of Corporate Insolvency Resolution Process against Pranay Infrabuild Pvt. Ltd. The applicant was appointed as architect for the respondent's project. Disputes arose regarding the quality and timeliness of services provided by the applicant, leading to the corporate debtor's failure to make full payment. The corporate debtor claimed pre-existence of dispute regarding the quality of services prior to the issuance of demand notice.

## Facts

R.K. & Associates, an operational creditor, filed an application under Section 9 of the Insolvency and Bankruptcy Code, 2016, to initiate Corporate Insolvency Resolution Process against Pranay Infrabuild Pvt. Ltd. R.K. & Associates was appointed as the architect for Pranay Infrabuild's project, Citadel, located in Kota. The applicant rendered professional services from stage (1) to stage (8) of Clause F of the work order. A dispute arose regarding the quality and timeliness of the services provided. The applicant claimed an outstanding debt of Rs. 41,92,958/-. The corporate debtor contended that there were delays in providing drawings, the drawings were not as per the requirement, and the services were deficient. The Corporate Debtor issued reply dated

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## Issues and analysis

### Issue 1: Whether there is pre-existence of …

**Ratio:** The definition of 'dispute' under Section 5(6) of the Insolvency and Bankruptcy Code

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**Reasoning:** The court considered the documents produced by the Respondent, which showed that there

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**Interpretation:** The court interpreted the definition of 'dispute' under Section 5(6) of the

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**Application:** In this case, the Corporate Debtor had raised the existence of a dispute with

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## Parties

- **Judges:** Ajay Kumar…; RAGHU N…; +1 more
- **Appellants:** R.K. & Asso…
- **Respondents:** Pranay Infrabuild…
- **Advocates:** Archit…; Amol…

## Timeline

- **2015-07-08 — Work Orde…**: Applicant appointed under a…
- **2015-11-05 — Approval Lett…**: Approval letter issued by Urban…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 8 — Insolvency resolution by operational creditor](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-8)

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