# In the matter of Mirchi Developers Private Limited

> NCLT judgment dated 2024-09-11. Citation: TCN-2024-NCLT-00621. M/s. Amogh Industrial Products, an operational creditor, filed a petition under Section 9 of…

- **Court:** NCLT
- **Order date:** 11 Sept 2024
- **Citation:** TCN-2024-NCLT-00621
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/mirchi-developers-private-limited-801887eb

## Summary

### Background

M/s. Amogh Industrial Products, an operational creditor, filed a petition under Section 9 of the Insolvency and Bankruptcy Code, 2016 (IBC) against M/s. Mirchi Developers Private Limited, the corporate debtor, seeking initiation of the Corporate Insolvency Resolution Process (CIRP). The operational creditor claimed that the corporate debtor defaulted in paying an operational debt exceeding one crore rupees. The petitioner provided labour/civil construction services to the respondent based on a work order dated 11.11.2020 and raised invoices which were allegedly acknowledged but not paid. The petitioner issued a demand notice dated 31.10.2023, which was purportedly received by the respondent on 01.11.2023, but the outstanding dues remained unpaid. The petitioner claimed

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## Facts

M/s. Amogh Industrial Products, a partnership firm and operational creditor represented by its partner Mr. Amar Das, filed a petition under Section 9 of the Insolvency and Bankruptcy Code, 2016 against M/s. Mirchi Developers Private Limited, the corporate debtor. The petitioner claimed that the respondent defaulted in paying an operational debt exceeding one crore rupees. The petitioner provided labour/civil construction services to the respondent based on a work order dated 11.11.2020 and raised invoices for Rs. 1,15,29,388/-. The petitioner claimed an interest of Rs. 25,51,742/-, bringing the total amount due to Rs. 1,40,81,130/-. The date of default was stated as 17.02.2022. The petitioner issued a demand notice dated 31.10.2023, which the respondent allegedly

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## Issues and analysis

### Issue 1: Whether the present …

**Ratio:** Section 69(2) of the Indian Partnership Act, 1932 states that a suit to enforce a right

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**Reasoning:** The Tribunal reasoned that the petitioner failed to provide a registration certificate or

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**Interpretation:** Section 69(2) of the Indian Partnership Act, 1932, is interpreted to mean that

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**Application:** The Tribunal applied the ratio of Section 69(2) of the Indian Partnership Act,

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## Parties

- **Judges:** Venkata Ramakrishn…; SH. CHARAN…
- **Appellants:** M/s. Amogh…
- **Respondents:** M/s. Mirchi…
- **Advocates:** Harsh Cho…

## Timeline

- **2020-11-11 — Work Order…**: The Respondent issued a Work…
- **2022-02-17 — Date of D…**: The Respondent defaulted to pay…

## 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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