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

> NCLT judgment dated 2023-07-05. Citation: TCN-2023-NCLT-05365. The case involves an application filed by Suzlon Global Services Limited (Operational Creditor)…

- **Court:** NCLT
- **Order date:** 5 Jul 2023
- **Citation:** TCN-2023-NCLT-05365
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chennai/array-land-developers-private-limited-cp-ib-197-che-2022-9698d8a6

## 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). The Operational Creditor claimed a total outstanding amount of Rs. 9,32,17,794.35, including principal and interest, for operation and maintenance services provided to the Corporate Debtor's wind turbine generators.

## Facts

Suzlon Global Services Limited filed an application under Section 9 of the Insolvency and Bankruptcy Code, 2016, against Array Land Developers Private Limited.

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

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

The Corporate Debtor defaulted on payments despite repeated reminders.

A Minutes of Meeting (MoM) dated 18.08.2021, where the Corporate Debtor acknowledged the debt.

The Corporate Debtor claimed a pre-existing dispute based on a police complaint.

The Tribunal dismissed the Corporate Debtor's claim of a pre-existing dispute as the complaint closure report had been filed.

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## Issues and analysis

### Issue 1: Whether the debt and default have …

**Ratio:** The Tribunal found that the debt and default were proven beyond reasonable doubt based on

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**Reasoning:** The Tribunal considered the submissions of both parties and examined the documents on

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**Interpretation:** The MoM dated 18.08.2021, where the Corporate Debtor acknowledged the debt, was

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**Application:** The Tribunal applied the principle of 'preponderance of probabilities' and

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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, where the Corporate Debtor acknowledged the…
- **2022-07-29 — Section 8 Dema…**: The Operational Creditor on 29.07.2022 issued Section 8 Demand Notice to the Corporate…

## 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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