# In the matter of Hare Krsna Project Pvt. Ltd.

> NCLT judgment dated 2023-12-11. Citation: TCN-2023-NCLT-00316. M/s Wood Craft Furnishers, an operational creditor, filed a petition under Section 9 of the…

- **Court:** NCLT
- **Order date:** 11 Dec 2023
- **Citation:** TCN-2023-NCLT-00316
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/hare-krsna-project-pvt-ltd-99bfd8b0

## Summary

### Background

M/s Wood Craft Furnishers, an operational creditor, filed a petition under Section 9 of the IBC, 2016 against Hare Krsna Project Pvt. Ltd., the corporate debtor, for unpaid dues related to finishing and furnishing work at a Raddison hotel in Vrindavan. The operational creditor submitted quotations, and the corporate debtor issued a work order. The operational creditor commenced work and raised an invoice, which the corporate debtor verified but neglected to pay. The corporate debtor claimed the petition was defective due to non-compliance with Section 9(3)(b) of the Code and argued there was no prior business relationship. They also contended that the operational creditor failed to provide necessary documents like bank statements and GSTR forms. The operational

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## Facts

Hare Krsna Project Pvt. Ltd. (Corporate Debtor) approached M/s Wood Craft Furnishers (Operational Creditor) for a quotation for finishing and furnishing work at a Raddison hotel in Vrindavan. The Operational Creditor submitted quotations (WC/UP/120/02/03/2021 and WC/UP/121/02/03/2021). The Corporate Debtor issued a work order (001/03/03/2021 dated 03.03.2021) for a contract value of Rs. 4,55,00,000.00. The Operational Creditor commenced work and raised an invoice dated 23.11.2021 for Rs. 1,93,15,318 plus GST. The Corporate Debtor verified the work but did not pay. The Operational Creditor filed a petition under Section 9 of IBC, 2016. The Corporate Debtor claimed the petition was defective, citing non-compliance with Section 9(3)(b) of the Code, lack of a business

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## Issues and analysis

### Issue 1: Whether the petition filed by the Operational Creditor is defective due to non-compliance with …

**Ratio:** Section 9(3)(b) of the IBC, 2016 outlines the documents required to be furnished with the

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**Reasoning:** The court considered whether the Operational Creditor had provided the necessary

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**Interpretation:** The court interpreted Section 9(3)(b) to determine the mandatory requirements

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**Application:** The court found that the Operational Creditor had served a Demand Notice and

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## Parties

- **Judges:** SH. ASHOK KUMAR…; SH. L. N.…
- **Appellants:** M/s Wood Craft…
- **Respondents:** Hare Krsna…

## Timeline

- **2021-03-03 — Work Order…**: Corporate Debtor issued work order no. 001/03/03/2021 for contract value of Rs.…
- **2021-11-23 — Invoice R…**: Operational Creditor raised invoice dated…

## 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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