# In the matter of Radius & Deserve Builders LLP

> NCLT judgment dated 2023-09-27. Citation: TCN-2023-NCLT-01441. This case involves an application filed by Amit Infra-Logic (India) Private Limited, the…

- **Court:** NCLT
- **Order date:** 27 Sept 2023
- **Citation:** TCN-2023-NCLT-01441
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/radius-deserve-builders-llp-47607c68

## Summary

### Background

This case involves an application filed by Amit Infra-Logic (India) Private Limited, the Operational Creditor (OC), under Section 9 of the Insolvency and Bankruptcy Code, 2016 (IBC), to initiate Corporate Insolvency Resolution Process (CIRP) against Radius & Deserve Builders LLP, the Corporate Debtor (CD). The OC is in the business of manufacturing and supplying Ready-Mix Concrete (RMC), while the CD is in the construction business. The OC claimed that an amount of Rs. 8,29,19,331/- was due from the CD based on a tripartite agreement dated 13.07.2019 involving the OC, Capacite Infraprojects Limited, and the CD. The amount claimed included the cost of RMC supplied and idling charges incurred on the RMC plant.

## Facts

Amit Infra-Logic (India) Private Limited (OC) filed an application under Section 9 of the IBC to initiate CIRP against Radius & Deserve Builders LLP (CD). The OC claimed a debt of Rs. 8,29,19,331/- arising from a tripartite agreement dated 13.07.2019 between the OC, Capacite Infraprojects Limited, and the CD. The debt included the cost of RMC supplied and idling charges. Capacite Infraprojects Limited awarded the CD a contract to construct 16 buildings under a Slum Redevelopment Authority (SRA) scheme. The CD issued a work order to the OC on 06.11.2015 for setting up an RMC plant. The CD allocated an area to the OC for setting up the RMC plant on 04.12.2019. The CD handed over ten post-dated cheques (PDCs) to the OC as per a payment schedule, but later asked the OC

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## Issues and analysis

### Issue 1: Whether the application under …

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

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**Reasoning:** The court found that the operational debt exceeded Rs. 1,00,00,000/- and was due and

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**Interpretation:** Section 9 of the IBC provides the mechanism for operational creditors to

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**Application:** The court applied Section 9 of the IBC to the facts of the case, finding that

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## Parties

- **Judges:** K. R. SAJI…; SANJIV…
- **Appellants:** Amit Infra-Logic…
- **Respondents:** Radius & Deserve…

## Timeline

- **2015-11-06 — Work Order…**: Capacite Infraprojects Limited issued a Work…
- **2017-07-23 — Work Order Am…**: The Work Order was…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 8 — Insolvency resolution by operational creditor](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-8)

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