# In the matter of Array Land Developers Private Limited CP-IB-197-CHE-2022

> NCLT judgment dated 2023-07-05. Citation: TCN-2023-NCLT-05360. The case involves an application filed by Suzlon Global Services Limited (Operational Creditor)…

- **Court:** NCLT
- **Order date:** 5 Jul 2023
- **Citation:** TCN-2023-NCLT-05360
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chennai/array-land-developers-private-limited-cp-ib-197-che-2022-598ce957

## Summary

### Background

The case involves an application filed by Suzlon Global Services Limited (Operational Creditor) under Section 9 of the Insolvency and Bankruptcy Code, 2016, against Array Land Developers Private Limited (Corporate Debtor) for initiating the Corporate Insolvency Resolution Process (CIRP) due to unpaid operational debt.

## Facts

Suzlon Global Services Limited, the Operational Creditor, filed an application under Section 9 of the IBC against Array Land Developers Private Limited, the Corporate Debtor.

The Operational Creditor claimed an outstanding amount of Rs. 9,32,17,794.35, including principal and interest.

The debt arose from operation and maintenance services provided by the Operational Creditor to the Corporate Debtor's wind turbine generators.

The Corporate Debtor argued that there was a pre-existing dispute based on a police complaint filed against the Operational Creditor.

The Tribunal noted that the police complaint had been closed and a closure report had been filed.

The Corporate Debtor had acknowledged the debt in a Minutes of Meeting (MoM) dated 18.08.2021.

…

## Issues and analysis

### Issue 1: Whether the application under Section 9 of the …

**Ratio:** Yes, the application is maintainable

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**Reasoning:** The Tribunal found that the Operational Creditor had met the requirements of Section 9 of

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**Interpretation:** Section 9 of the IBC allows an operational creditor to initiate CIRP against a

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**Application:** The Tribunal applied Section 9 of the IBC to the facts of the case and found

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## Parties

- **Judges:** SANJIV…; SAMEER…
- **Appellants:** Suzlon Global…
- **Respondents:** Array Land…
- **Other parties:** Truvisory…
- **Advocates:** S.Kaushik…; Dr.M.Sathya…

## Timeline

- **2021-08-18 — Minutes of…**: Minutes of Meeting (MoM) dated 18.08.2021, in which the Corporate Debtor acknowledged the…
- **2022-07-29 — Section 8 Dema…**: The Operational Creditor issued a Section 8 Demand Notice to the Corporate Debtor on…

## 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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