# In the matter of Assotech Milan Resorts Pvt. Ltd. TP No. 211-CTB-2019

> NCLT judgment dated 2022-07-07. Citation: TCN-2022-NCLT-01820. The case originates from an application filed before the High Court of Orissa on 2016-04-12…

- **Court:** NCLT
- **Order date:** 7 Jul 2022
- **Citation:** TCN-2022-NCLT-01820
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/assotech-milan-resorts-pvt-ltd-tp-no-211-ctb-2019-8ba74409

## Summary

### Background

The case originates from an application filed before the High Court of Orissa on 2016-04-12 under Sections 433(e), 434, and 439 of the Companies Act, 1956, registered as Copet No. 26 of 2016. The High Court transferred the petition to the National Company Law Tribunal (NCLT), Cuttack Bench, which renumbered it as T.P.NO.211/CTB/2019. The Operational Creditor, Ahluwalia Contracts (India) Limited (ACIL), initiated the proceedings against the Corporate Debtor, Assotech Milan Resorts Pvt Ltd, concerning outstanding payments for construction work related to a hotel project in Bhubaneswar. The respondent admitted to owing dues in 2013, but failed to make payments despite assurances. The petitioner issued a statutory notice in 2015, and the respondent did not respond, leading

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## Facts

Ahluwalia Contracts (India) Limited (ACIL), the Operational Creditor, filed an application against Assotech Milan Resorts Pvt Ltd, the Corporate Debtor, for outstanding payments related to construction work. ACIL is a construction company engaged in building large institutional and corporate complexes. Assotech Milan Resorts Private Limited is involved in residential, retail, corporate, and hospitality spaces. ACIL participated in a tender for the Radisson Hotel project in Bhubaneswar, owned by Assotech Milan Resorts. A contract agreement was entered on 2011-02-02, with work commencing on 2011-01-01. ACIL received a mobilization advance of Rs. 1,48,30,054.00 in two installments on 2011-01-20 and 2011-03-31. The Bhubaneswar Development Authority (BDA) stopped the

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## Issues and analysis

### Issue 1: Whether notice under Section 8 of IBC 2016 is mandatory for the petition filed under Section 433 …

**Ratio:** The legal principle is that the requirement of a demand notice under Section 8 of the

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**Reasoning:** The court reasoned that the application was initially filed under the Companies Act,

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**Interpretation:** The interpretation is that the IBC's requirement for a demand notice under

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**Application:** In this specific case, the petitioner had already served a statutory notice

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## Parties

- **Judges:** P. Moha…; Satya Ranjan…
- **Appellants:** Ahluwalia…
- **Respondents:** Assotech Milan…

## Timeline

- **2009-11-05 — Tender Subm…**: Ahluwalia Contracts (India) Limited submitted its tender for the Radisson Hotel project…
- **2010-12-21 — Revised Letter…**: A revised letter of intent bearing no.…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 9(1) — Application for initiation of corporate…](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-9)

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