# In the matter of Umang Town Planner Pvt. Ltd. IB-170(ND)-2020

> NCLT judgment dated 2021-12-21. Citation: TCN-2021-NCLT-00121. The case involves an application filed under Section 9 of the Insolvency and Bankruptcy Code,…

- **Court:** NCLT
- **Order date:** 21 Dec 2021
- **Citation:** TCN-2021-NCLT-00121
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/umang-town-planner-pvt-ltd-ib-170nd-2020-592a9dcf

## Summary

### Background

The case involves an application filed under Section 9 of the Insolvency and Bankruptcy Code, 2016, by Rajiv Tiwari, an operational creditor, against M/s Umang Town Planner Pvt. Ltd., the corporate debtor, for initiation of the Corporate Insolvency Resolution Process (CIRP). The operational creditor claimed unpaid dues for labor supplied to the corporate debtor for projects including DMRC Project CC-95 and LMRC Project CC-07. The corporate debtor contested the claim, asserting that full and final settlement had been reached and that the operational creditor concealed this fact. The corporate debtor also alleged that the claim pertained to a different project (LMRC CC-07) and not the DMRC CC-95 project for which the CIRP was sought.

## Facts

Rajiv Tiwari, the operational creditor, claimed unpaid dues of Rs. 8,31,582/- for labor supplied to M/s Umang Town Planner Pvt. Ltd., the corporate debtor. The work was related to DMRC Project CC-95. The operational creditor sent a demand notice dated 17.07.2019. The corporate debtor claimed to have made a full and final settlement of Rs. 34,781/- for all dues, supported by a letter dated 17th October 2018 and a cheque payment. The operational creditor argued that the settlement related to LMRC Project CC-07, not DMRC Project CC-95, for which the CIRP was sought. The operational creditor also presented a letter dated 13th October 2017 from the corporate debtor to Metcon India Reality & Infrastructure Pvt. Ltd., requesting the release of payment to the operational

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## Issues and analysis

### Issue 1: Whether the application under Section 9 of the Insolvency and Bankruptcy Code, 2016, for initiation …

**Ratio:** Section 9 of the Insolvency and Bankruptcy Code, 2016 allows an operational creditor to

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**Reasoning:** The NCLT considered the evidence presented by both parties to determine if a debt was due

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**Interpretation:** Section 9 provides a mechanism for operational creditors to recover unpaid

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**Application:** The NCLT found that the operational creditor had demonstrated the existence of

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## Parties

- **Judges:** DHARMINDER…; Prasanta Kumar…
- **Appellants:** Rajiv T…
- **Respondents:** M/s Umang Town…

## Timeline

- **2017-02-01 — Operational creditor…**: Operational creditor supplied labour…
- **2017-04-01 — Operational creditor…**: Operational creditor supplied labour…

## 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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