# In the matter of Dhingra Jardine Infrastructure Private Limited IB No. 625-ND-2021

> NCLT judgment dated 2022-09-16. Citation: TCN-2022-NCLT-01043. M/s Dhawal Construction Co., as the Operational Creditor, filed an application under Section 9…

- **Court:** NCLT
- **Order date:** 16 Sept 2022
- **Citation:** TCN-2022-NCLT-01043
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/dhingra-jardine-infrastructure-private-limited-ib-no-625-nd-2021-e0a29298

## Summary

### Background

M/s Dhawal Construction Co., as the Operational Creditor, filed an application under Section 9 of the Insolvency and Bankruptcy Code, 2016, seeking to initiate the Corporate Insolvency Resolution Process (CIRP) against M/s Dhingra Jardine Infrastructure Private Limited, the Corporate Debtor. The application was based on unpaid invoices for construction services provided by the Operational Creditor to the Corporate Debtor under various construction agreements. The Operational Creditor issued a demand notice to the Corporate Debtor for the unpaid debt, but the Corporate Debtor failed to respond or make any payments. The applicant had entered into a construction agreement with the corporate debtor on 1st July 2015, for construction services on California Country Project

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## Facts

M/s Dhawal Construction Co. (Operational Creditor) filed an application under Section 9 of the Insolvency and Bankruptcy Code, 2016, to initiate Corporate Insolvency Resolution Process (CIRP) against M/s Dhingra Jardine Infrastructure Private Limited (Corporate Debtor). The application was based on unpaid invoices for construction services provided under various agreements. The Operational Creditor and Corporate Debtor entered into construction agreements starting July 1, 2015, for a project in Faridabad, Haryana, and continued working together until 2018. The Corporate Debtor allegedly withheld payments against invoices raised by the Operational Creditor. The Operational Creditor issued a demand notice on December 17, 2020, seeking payment of Rs. 3,88,12,122/-,

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## Issues and analysis

### Issue 1: Whether the Operational Creditor established a default on the part of the Corporate Debtor in …

**Ratio:** Section 9(5) of the IBC allows the Adjudicating Authority to admit the application if it

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**Reasoning:** The court observed that the Operational Creditor had entered into a construction

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**Interpretation:** The legal issue revolves around whether the operational creditor has

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**Application:** The court applied the ratio to the facts and found that the Operational

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## Parties

- **Judges:** SH. P.S.N.…; SH. RAHUL…
- **Appellants:** M/s Dhawal…
- **Respondents:** M/S. DHINGRA…
- **Advocates:** Dushyant…

## Timeline

- **2015-07-01 — Construction A…**: Operational Creditor and Corporate Debtor entered into a construction agreement for a…
- **2018-03-25 — Last Invoice…**: The Operational Creditor raised the last invoice for the construction services provided…

## 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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