# In the matter of Ansal Housing Limited Company Petition No. IB-1498(PB) -2019

> NCLT judgment dated 2022-08-22. Citation: TCN-2022-NCLT-01324. The case involves an application filed by Redbrics ITES India Private Limited (now known as…

- **Court:** NCLT
- **Order date:** 22 Aug 2022
- **Citation:** TCN-2022-NCLT-01324
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/ansal-housing-limited-company-petition-no-ib-1498pb-2019-0dd22f81

## Summary

### Background

The case involves an application filed by Redbrics ITES India Private Limited (now known as Clicbrics Technologies Private Limited), the Operational Creditor, under Section 9 of the Insolvency and Bankruptcy Code, 2016, to initiate the Corporate Insolvency Resolution Process (CIRP) against Ansal Housing Limited, the Corporate Debtor. The Operational Creditor claimed a principal amount of Rs. 14,70,943.90/- was due for real estate brokering commission based on a Memorandum of Understanding (MOU) signed on 09.07.2018. The Corporate Debtor stopped making payments from October 2018. The Operational Creditor sent a demand notice on 27.03.2019, to which the Corporate Debtor replied on 09.04.2019.

## Facts

Redbrics ITES India Private Limited (now Clicbrics Technologies Private Limited) filed an application under Section 9 of the Insolvency and Bankruptcy Code, 2016, to initiate Corporate Insolvency Resolution Process (CIRP) against Ansal Housing Limited. The claim was for Rs. 14,70,943.90/- due on 10.10.2018, for real estate brokering commission. A Memorandum of Understanding (MOU) was signed between the parties on 09.07.2018, proposing Redbrics as the exclusive real estate agent for Ansal Housing. Redbrics raised invoices, but Ansal Housing stopped payments from October 2018. Redbrics sent a demand notice on 27.03.2019, and Ansal Housing replied on 09.04.2019. Ansal Housing argued that Redbrics' existence was untraceable on the Ministry of Corporate Affairs website, the

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## Issues and analysis

### Issue 1: Whether the application filed by the Operational Creditor for initiation of CIRP against the …

**Ratio:** The NCLT, exercising powers under section 7 or Section 9 of IBC, is not a debt collection

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**Reasoning:** The court relied on a recent judgment by the Supreme Court in M/s S.S. Engineers versus

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**Interpretation:** Section 9 of the IBC allows an operational creditor to initiate CIRP if there

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**Application:** In this case, the court found that the debt was disputed by the Corporate

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## Parties

- **Judges:** DHARMINDER…; AVINASH K.…
- **Appellants:** M/s REDBRICS ITES…
- **Respondents:** M/s ANSAL HOUSING…

## Timeline

- **2018-07-09 — MOU Sign…**: Memorandum of Understanding (MOU) signed between Corporate Debtor and Operational…
- **2018-10-01 — Payments S…**: Corporate Debtor stopped making…

## 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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