# In the matter of J S K Hotels Private Limited CP No. (IB)- 54-9-JPR-2020

> NCLT judgment dated 2023-01-13. Citation: TCN-2023-NCLT-05055. The case involves an application filed by Rajesh Agrawal, an Operational Creditor, seeking to…

- **Court:** NCLT
- **Order date:** 13 Jan 2023
- **Citation:** TCN-2023-NCLT-05055
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/j-s-k-hotels-private-limited-cp-no-ib-54-9-jpr-2020-eb0447f1

## Summary

### Background

The case involves an application filed by Rajesh Agrawal, an Operational Creditor, seeking to initiate Corporate Insolvency Resolution Process (CIRP) against JSK Hotels Private Limited, the Corporate Debtor, under Section 9 of the Insolvency and Bankruptcy Code, 2016. The Operational Creditor claimed a default in payment of professional dues amounting to Rs. 8,19,527/- along with interest. The Corporate Debtor contested the application, citing a pre-existing dispute, a pending civil suit, and the claim being barred by limitation.

## Facts

Rajesh Agrawal, an Operational Creditor, filed an application under Section 9 of the Insolvency and Bankruptcy Code, 2016, to initiate Corporate Insolvency Resolution Process (CIRP) against JSK Hotels Private Limited, the Corporate Debtor, for non-payment of professional dues amounting to Rs. 8,19,527/- along with interest at 18% per annum. The Corporate Debtor had approached the Operational Creditor for professional legal services, and invoices were raised for the services rendered. The Corporate Debtor delayed payment, citing no bills/accounts. The Operational Creditor issued a demand notice dated 22.10.2019 under Section 8 of the Code. The Corporate Debtor neither paid the outstanding debt nor raised a dispute. The Corporate Debtor contended that the Operational

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## Issues and analysis

### Issue 1: Whether the application filed by the Operational Creditor under Section 9 of the Insolvency and …

**Ratio:** An application under Section 9 of the IBC is maintainable only when there is no

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**Reasoning:** The court relied on Section 8(2)(a) of the Code, which states that the existence of a

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

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**Application:** In this case, the court found that there was a pre-existing dispute between the

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## Parties

- **Judges:** Deep Chandr…; Prasanta Kumar…
- **Appellants:** Rajesh Ag…
- **Respondents:** JSK Hotels…

## Timeline

- **2015-02-03 — Invoice…**: Invoices raised from…
- **2018-03-01 — Settlement…**: Order dated 01.03.2018 recorded in the Hon'ble Delhi High Court regarding the settlement…

## 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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