# In the matter of Logix City Developers Private Limited IB-883-ND-2020

> NCLT judgment dated 2022-03-22. Citation: TCN-2022-NCLT-03597. The case pertains to an application filed under Section 9 of the Insolvency and Bankruptcy…

- **Court:** NCLT
- **Order date:** 22 Mar 2022
- **Citation:** TCN-2022-NCLT-03597
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/logix-city-developers-private-limited-ib-883-nd-2020-ab7aeedf

## Summary

### Background

The case pertains to an application filed under Section 9 of the Insolvency and Bankruptcy Code, 2016 (IBC) by Colliers International (India) Property Services Pvt. Ltd. (Operational Creditor) against Logix City Developers Private Limited (Corporate Debtor) to initiate the Corporate Insolvency Resolution Process (CIRP). The Operational Creditor provided construction/project management consultancy services to the Corporate Debtor for the Bloom Zest Project at Noida, based on an agreement dated 05.07.2011. The Operational Creditor raised invoices for the services, which were allegedly accepted by the Corporate Debtor. The Corporate Debtor failed to make payments, leading to the issuance of a demand notice.

## Facts

Colliers International (India) Property Services Pvt. Ltd. (Operational Creditor) provided construction/project management consultancy services to Logix City Developers Private Limited (Corporate Debtor) based on an agreement dated 05.07.2011 for the 'Bloom Zest Project' at Noida. The Operational Creditor raised invoices for these services, which were allegedly accepted by the Corporate Debtor. The Corporate Debtor failed to pay the outstanding amount of Rs. 1,08,12,591, leading the Operational Creditor to issue a demand notice on 10.04.2020. The Corporate Debtor acknowledged the debt in emails dated 11.04.2020 and 23.04.2020. The Corporate Debtor cited the COVID-19 pandemic and EPCAJ NGT Orders as reasons for the delay in payment. The Operational Creditor filed a

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## Issues and analysis

### Issue 1: Whether the application under Section 9 of the …

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

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**Reasoning:** The Adjudicating Authority determined that the conditions for admitting a Section 9

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**Interpretation:** Section 9 provides a mechanism for operational creditors to recover their dues

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**Application:** The Adjudicating Authority applied Section 9 to the facts, finding that the

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## Parties

- **Judges:** BACHU VENKAT…; Narender Kumar…
- **Appellants:** M/s Colliers…
- **Respondents:** M/s. LOGIX CITY…

## Timeline

- **2011-07-05 — Agreement…**: Parties entered into an agreement for providing construction/project management…
- **2020-03-04 — Email Request for…**: Operational Creditor requested the Corporate…

## 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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