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

> NCLT judgment dated 2023-02-28. Citation: TCN-2023-NCLT-04422. The case involves a petition filed by Iluminar Engineering Services Private Limited…

- **Court:** NCLT
- **Order date:** 28 Feb 2023
- **Citation:** TCN-2023-NCLT-04422
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/innovatione-india-projects-llp-ib-822nd2022-f035861a

## 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 from 2019 to 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, alleging deficient services. The Operational Creditor claimed 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) between 2019 and July 2022. The Operational Creditor claims that the Corporate Debtor defaulted on payments amounting to Rs. 6,02,19,068.48/-, which includes a principal amount of Rs. 4,03,08,250/- and interest of Rs. 1,99,10,818.48/-. The Operational Creditor served a demand notice on 08.09.2022 under Section 8 of the IBC, 2016. The Corporate Debtor replied on 17.09.2022, disputing the claim and alleging deficient services. The Operational Creditor sent a rejoinder on 14.10.2022. The Corporate Debtor argued that the Operational Creditor failed to complete projects in a timely manner and

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## Issues and analysis

### Issue 1: Whether the Corporate Debtor defaulted in making 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 had defaulted in making payment of the

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**Interpretation:** Section 9 of the IBC, 2016, provides a mechanism for operational creditors to

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**Application:** In this case, the court found that the Corporate Debtor had defaulted in making

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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 Perio…**: Iluminar Engineering Services Private Limited started providing services to Innovatione…
- **2022-07-01 — Service Per…**: Iluminar Engineering Services Private Limited stopped providing services to Innovatione…

## 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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