# In the matter of Innovatione India Projects LLP (IB)-822(ND)2022

> NCLT judgment dated 2023-02-28. Citation: TCN-2023-NCLT-04426. The case involves a petition filed by Iluminar Engineering Services Private Limited…

- **Court:** NCLT
- **Order date:** 28 Feb 2023
- **Citation:** TCN-2023-NCLT-04426
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/innovatione-india-projects-llp-ib-822nd2022-0e945331

## Summary

### Background

The case involves a petition filed by Iluminar Engineering Services Private Limited (Operational Creditor) against Innovatione India Projects LLP (Corporate Debtor) under Section 9 of the IBC, 2016. The Operational Creditor provided corporate interior design and fit-out services to the Corporate Debtor between 2019 and July 2022. Disputes arose when invoices raised by the Operational Creditor for certain projects remained unpaid. The Operational Creditor served a demand notice under Section 8 of the IBC, 2016, which the Corporate Debtor contested, claiming deficient services and disputing the amount. The Operational Creditor claims an outstanding amount of Rs. 6,02,19,068.48/-.

## Facts

Iluminar Engineering Services Private Limited (Operational Creditor) provided corporate interior design and fit-out services to Innovatione India Projects LLP (Corporate Debtor) from 2019 to July 2022. The two entities, Innovatione India and Brisk Services, were represented before the Operational Creditor through Mr. Mohit Gupta, who was also a partner of the Corporate Debtor. The Operational Creditor claims that the Corporate Debtor defaulted on payments amounting to Rs. 6,02,19,068.48/-, comprising a principal amount of Rs. 4,03,08,250/- and interest of Rs. 1,99,10,818.48/-. A demand notice was served on 08.09.2022 under Section 8 of the IBC, 2016. The Corporate Debtor replied on 17.09.2022, disputing the claim, alleging deficient services, and referring to a debit

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## Issues and analysis

### Issue 1: Whether the Corporate Debtor committed a default in payment of the outstanding amount to the …

**Ratio:** Section 9 of the IBC, 2016 allows an operational creditor to initiate CIRP against a

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**Reasoning:** The court found that the Corporate Debtor did not deny the payment demanded by the

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**Interpretation:** The court interpreted the email communications as an admission of the debt by

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

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## Parties

- **Judges:** Sh. Ashok Kumar…; L. N. G…
- **Appellants:** M/s. Iluminar…
- **Respondents:** M/s. Innovatione…

## Timeline

- **2019-01-01 — Service Agr…**: Iluminar Engineering Services Private Limited provided services to Innovatione India…
- **2022-07-01 — End of Servic…**: Iluminar Engineering Services Private Limited provided services to Innovatione India…

## 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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