# In the matter of Yatri Vihar Hospitality Private LImited CP (IB) No. 412-KB-2017

> NCLT judgment dated 2018-01-12. Citation: TCN-2018-NCLT-01940. The case involves an application for the initiation of a Corporate Insolvency Resolution…

- **Court:** NCLT
- **Order date:** 12 Jan 2018
- **Citation:** TCN-2018-NCLT-01940
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/yatri-vihar-hospitality-private-limited-cp-ib-no-412-kb-2017-6db9aeab

## Summary

### Background

The case involves an application for the initiation of a Corporate Insolvency Resolution Process (CIRP) filed by Techno Fac Contracts Private Limited (Operational Creditor) against Yatri Vihar Hospitality Private Limited (Corporate Debtor) under sections 8 and 9 of the Insolvency and Bankruptcy Code, 2016. The operational creditor claims that the corporate debtor defaulted on payments for construction work done on a Boutique Hotel Building at Bodh Gaya, Bihar, based on a contract dated 2012-06-10.

## Facts

Techno Fac Contracts Private Limited (Operational Creditor) filed an application against Yatri Vihar Hospitality Private Limited (Corporate Debtor) for initiating CIRP due to unpaid dues. A contract dated 2012-06-10 existed between the parties for construction of a Boutique Hotel Building at Bodh Gaya, Bihar. The Operational Creditor raised invoices amounting to Rs. 9,62,29,567 for earthwork, site development, water proofing, floor finishing, etc. The Corporate Debtor paid Rs. 7,42,36,671, leaving an outstanding balance of Rs. 2,19,92,896. The Operational Creditor issued a demand notice dated 2017-05-23. The Corporate Debtor claims pre-existing disputes regarding incomplete work and quality issues, and argues that the debt is not an 'operational debt' as defined under

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## Parties

- **Judges:** V. P. S…; Jinan…
- **Appellants:** Techno Fac…
- **Respondents:** Yatri Vihar…

## Timeline

- **2012-06-10 — Contract…**: Contract signed between Techno Fac Contracts Private Limited and Yatri Vihar Hospitality…
- **2017-04-12 — Reminder…**: Operational creditor issued reminder emails to the corporate debtor regarding outstanding…

## 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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