# In the matter of Sharan Hospitality Private Limited CP 4071-I&BP-NCLT-MAH-2018

> NCLT judgment dated 2019-05-08. Citation: TCN-2019-NCLT-03384. Cushman & Wakefield India Private Limited, the Operational Creditor, filed a petition under…

- **Court:** NCLT
- **Order date:** 8 May 2019
- **Citation:** TCN-2019-NCLT-03384
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/sharan-hospitality-private-limited-cp-4071-ibp-nclt-mah-2018-87f08118

## Summary

### Background

Cushman & Wakefield India Private Limited, the Operational Creditor, filed a petition under Section 9 of the Insolvency & Bankruptcy Code, 2016 against Sharan Hospitality Private Limited, the Corporate Debtor, for failing to pay for construction-related services and advisory provided based on a fee agreement dated 29.11.2017. The Operational Creditor raised an invoice dated 30.11.2017 for Rs.61,36,000/-, which remained unpaid. The petition was filed on 24.10.2018.

## Facts

Cushman & Wakefield India Private Limited (Operational Creditor) provided construction-related services and advisory to Sharan Hospitality Private Limited (Corporate Debtor) based on a fee agreement dated 29.11.2017. An invoice dated 30.11.2017 for Rs.61,36,000/- was raised but remained unpaid. The Operational Creditor sent a demand notice dated 05.07.2018 demanding repayment of Rs. 67,26,065/- (including interest). The Corporate Debtor, in its reply dated 16.07.2018, cited procedural issues and lack of documents as reasons for non-payment, which the Operational Creditor refuted. The Corporate Debtor requested more time to pay via email dated 21.08.2018, acknowledging the debt. The Operational Creditor filed a petition on 24.10.2018 under Section 9 of the I&B

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## Issues and analysis

### Issue 1: Whether the petition filed by the Operational Creditor under Section 9 of the I&B Code deserves …

**Ratio:** A petition under Section 9 of the I&B Code can be admitted if the operational debt

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**Reasoning:** The court found that the Operational Creditor had provided services and raised an

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**Interpretation:** Section 9 of the I&B Code allows an operational creditor to initiate

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

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## Parties

- **Judges:** Mr V. P.…; Mr Ravikumar…
- **Appellants:** CHUSHMAN &…
- **Respondents:** Sharan Hospitality…

## Timeline

- **2017-11-29 — Fee Agre…**: Fee agreement between Cushman &…
- **2017-11-30 — Invoice R…**: Operational Creditor raised…

## 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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