# In the matter of Bhasin Infotech and Infrastructure Private Limited Company Application No. IB-437-ND-2017

> NCLT judgment dated 2022-01-12. Citation: TCN-2022-NCLT-04455. Me Casa Furnishings Private Limited filed an application under Section 9 of the Insolvency and…

- **Court:** NCLT
- **Order date:** 12 Jan 2022
- **Citation:** TCN-2022-NCLT-04455
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/bhasin-infotech-and-infrastructure-private-limited-company-application-no-ib-437-0e8dd4ff

## Summary

### Background

Me Casa Furnishings Private Limited filed an application under Section 9 of the Insolvency and Bankruptcy Code, 2016, against Bhasin Infotech & Infrastructure Private Limited, seeking to initiate the Corporate Insolvency Resolution Process (CIRP) due to unpaid operational debt. The applicant claimed that the corporate debtor defaulted on payments for decorative paintings, plasters, and application of materials for phases I and II of the Grand Venezia Mall project. The corporate debtor disputed the claim, asserting that all payments had been made and that the applicant had referred the matter to mediation.

## Facts

Me Casa Furnishings Private Limited (the applicant) filed an application under Section 9 of the Insolvency and Bankruptcy Code, 2016, against Bhasin Infotech & Infrastructure Private Limited (the corporate debtor). The applicant claimed that the corporate debtor defaulted on payments for decorative paintings, plasters, and application of materials for phase I of the Grand Venezia Mall, Greater Noida, for which a work order was placed on 2012-02-13. After completing work for phase I, the applicant was granted work for phase II in November 2013. The applicant raised invoices for the services rendered, but the corporate debtor defaulted in payment. By August 2015, the contracted quantum of work was completed, and invoices were raised, which were accepted by the

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## Issues and analysis

### Issue 1: Whether the debt claimed by the …

**Ratio:** The principle established in 'Mobilox Innovative Private Limited vs. Kirusa Software

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**Reasoning:** The court reasoned that the corporate debtor failed to provide any documentary evidence

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**Interpretation:** The 'Mobilox' principle requires a substantive dispute, supported by evidence,

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**Application:** In this case, the corporate debtor's claim of having made all payments and the

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## Parties

- **Judges:** DEEPTI M…; SUMITAPURKA…
- **Appellants:** Me Casa Furnishing…
- **Respondents:** Bhasin Infotech &…

## Timeline

- **2012-02-13 — Work Ord…**: Corporate debtor placed work order for…
- **2013-11-01 — Work Order P…**: Applicant granted work for…

## 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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