# In the matter of J.B.K. Developers Private Limited

> NCLT judgment dated 2024-02-14. Citation: TCN-2024-NCLT-02594. The application was filed by M/s. Lex Primus LLP, seeking clearance of pending invoices and…

- **Court:** NCLT
- **Order date:** 14 Feb 2024
- **Citation:** TCN-2024-NCLT-02594
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/jbk-developers-private-limited-b436b6d4

## Summary

### Background

The application was filed by M/s. Lex Primus LLP, seeking clearance of pending invoices and outstanding dues amounting to Rs. 95,79,500 from M/s. JBK Developers Private Limited (Corporate Debtor). Lex Primus LLP also sought a direction for the Respondent No.1 to convene a meeting of the Committee of Creditors (CoC) to consider the replacement of Lex Primus LLP by Mr. Harish Taneja as the legal advisor of the Corporate Debtor. The Corporate Insolvency Resolution Process (CIRP) was initiated against JBK Developers Private Limited on 17.08.2020. Lex Primus LLP was appointed as the legal advisor on 23.11.2020, confirmed by the CoC in its 4th meeting on 19.12.2020.

## Facts

The Corporate Insolvency Resolution Process (CIRP) was initiated against M/s. JBK Developers Private Limited on 17.08.2020. M/s. Lex Primus LLP was appointed as the legal advisor to the Corporate Debtor on 23.11.2020, which was confirmed by the Committee of Creditors (CoC) in its 4th meeting held on 19.12.2020. The CoC in its 7th meeting held on 25.04.2023, approved the resolution for the appointment of Mr. Pankaj Narang as the Resolution Professional (RP) and the replacement of Mr. Vineet Aggarwal. The Respondent No.1, after his appointment as the RP, appointed Mr. Harish Taneja as the legal advisor of the Corporate Debtor. M/s. Lex Primus LLP raised invoices for their services, and a total amount of Rs. 95,79,500/- is claimed to be due. The Applicant submits that

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## Issues and analysis

### Issue 1: Whether the Respondent No.1 should be directed to clear all pending invoices and outstanding dues …

**Ratio:** The principle of ensuring payment for services rendered under a contractual agreement,

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**Reasoning:** The Adjudicating Authority did not make a definitive finding on the amount of the claim

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**Interpretation:** The IBC mandates a process for verifying claims to ensure fair treatment of

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**Application:** The Resolution Professional is required to verify the invoices and supporting

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## Parties

- **Judges:** MANNI SANKARIAH…; RAHUL BHA…
- **Appellants:** M/s. LEX PRIMUS…
- **Respondents:** M/s. JBK Developer…

## Timeline

- **2020-08-17 — CIRP Init…**: Corporate Insolvency Resolution Process was initiated against M/s. JBK Developers Private…
- **2020-11-23 — Appointment of Legal…**: M/s. Lex Primus LLP was appointed as…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 60(5) — Adjudicating Authority for corporate persons](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-60)

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