# In the matter of M A Leasing & Construction Pvt. Ltd.

> NCLT judgment dated 2023-09-04. Citation: TCN-2023-NCLT-01771. Jones Lang LaSalle Property Consultants (India) Pvt. Ltd. filed a Company Petition under…

- **Court:** NCLT
- **Order date:** 4 Sept 2023
- **Citation:** TCN-2023-NCLT-01771
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/m-a-leasing-construction-pvt-ltd-1646b14f

## Summary

### Background

Jones Lang LaSalle Property Consultants (India) Pvt. Ltd. filed a Company Petition under Section 9 of the Insolvency and Bankruptcy Code, 2016, seeking to initiate Corporate Insolvency Resolution Process (CIRP) against M A Leasing and Construction Pvt. Ltd. The Operational Creditor claimed an operational debt of Rs. 1,18,00,000/- due as of 30.12.2018, arising from services related to leasing a commercial property. The Corporate Debtor contested the claim, alleging pre-existing disputes and questioning the validity of the invoices and agreements.

## Facts

Jones Lang LaSalle Property Consultants (India) Pvt. Ltd. (Operational Creditor) filed a petition under Section 9 of the Insolvency and Bankruptcy Code, 2016, to initiate CIRP against M A Leasing and Construction Pvt. Ltd. (Corporate Debtor). The Operational Creditor claimed an operational debt of Rs. 1,18,00,000/- as of 30.12.2018, arising from services related to leasing a commercial property known as Elite Cinema. The Corporate Debtor engaged the Operational Creditor for leasing services, and agreements were made with Future Lifestyle Fashions Ltd. and SVF Entertainment Private Limited. The Operational Creditor raised a Fee Confirmation and Revenue Recognition Confirmation Letter for Rs. 1,00,00,000/- plus taxes. The Corporate Debtor received advance amounts related

…

## Issues and analysis

### Issue 1: Whether a pre-existing dispute existed between the Operational Creditor and the Corporate Debtor …

**Ratio:** The legal principle applied is that under Section 9 of the IBC, 2016, an application for

…

**Reasoning:** The court reasoned that the emails exchanged between the parties prior to the issuance of

…

**Interpretation:** The interpretation of the legal issue involves determining whether the evidence

…

**Application:** In this specific case, the court applied the ratio and reasoning to the facts

…

## Parties

- **Judges:** RohitKa…; Balraj…
- **Appellants:** JONES LANG…
- **Respondents:** M A Leasing and…

## Timeline

- **2016-01-01 — Enactment…**: The Insolvency and…
- **2017-11-12 — Agreement to Lease with…**: Agreement to Lease executed between the Corporate Debtor and SVF Entertainment Private…

## 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)

---

This is a preview. The full structured summary, issues, precedents and source judgment are available on CaseEase - Legal Intelligence Simplified: https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/m-a-leasing-construction-pvt-ltd-1646b14f