# In the matter of AAA Facilities Solution Private Limited

> NCLT judgment dated 2023-07-31. Citation: TCN-2023-NCLT-02261. The case involves a Company Petition filed by Global Wind Infrastructure and Services Private…

- **Court:** NCLT
- **Order date:** 31 Jul 2023
- **Citation:** TCN-2023-NCLT-02261
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/aaa-facilities-solution-private-limited-2642a83c

## Summary

### Background

The case involves a Company Petition filed by Global Wind Infrastructure and Services Private Limited (Operational Creditor) against AAA Facilities Solutions Private Limited (Corporate Debtor) under Section 9 of the Insolvency and Bankruptcy Code (IBC), 2016, seeking to initiate Corporate Insolvency Resolution Process (CIRP). The Operational Creditor is engaged in the business of operation and maintenance of wind farm projects. The Corporate Debtor is engaged in setting up of Wind Farms. The Operational Creditor and Corporate Debtor entered into an agreement for maintenance services.

## Facts

Global Wind Infrastructure and Services Private Limited (Operational Creditor) filed a Company Petition against AAA Facilities Solutions Private Limited (Corporate Debtor) under Section 9 of the IBC, 2016. The Operational Creditor and Corporate Debtor entered into an agreement for maintenance services. The Operational Creditor rendered services and raised invoices, which remained unpaid. The Corporate Debtor never raised any disputes regarding the invoices and acknowledged the receipt of services. A demand notice was sent by the Operational Creditor to the Corporate Debtor on 2022-12-02, which was received, but no reply was provided. The Corporate Debtor defaulted in payment of Rs. 1,22,41,485/-. The Corporate Debtor filed an affidavit admitting the debt and default.

…

## Issues and analysis

### Issue 1: Whether there exists a 'debt' and 'default' on the part of the Corporate Debtor, AAA Facilities …

**Ratio:** The existence of a 'debt' and 'default' is a prerequisite for admitting a petition under

…

**Reasoning:** The Corporate Debtor has not raised any disputes regarding the invoices raised by the

…

**Interpretation:** The term 'debt' refers to a liability or obligation in respect of a claim which

…

**Application:** In this case, the Corporate Debtor owed Rs. 1,22,41,485/- to the Operational

…

## Parties

- **Judges:** Anu Jagmoha…; H.V. Subb…
- **Appellants:** Global Wind…
- **Respondents:** AAA Facilities…; AAA Facilities…

## Timeline

- **2016-03-22 — Incorporation of…**: AAA Facilities Solutions…
- **2020-09-07 — Agreement between Operational Creditor and…**: Global Wind Infrastructure and Services Private Limited (Operational Creditor) and AAA…

## 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)

---

This is a preview. The full structured summary, issues, precedents and source judgment are available on CaseEase - Legal Intelligence Simplified: https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/aaa-facilities-solution-private-limited-2642a83c