# In the matter of Sarv Awas Housing Bhiwadi Private Limited CP (IB) No.133-Chd-CHD-2022

> NCLT judgment dated 2022-09-15. Citation: TCN-2022-NCLT-01059. Manoj Kumar, Proprietor of M/s Volunteer Associates, filed a petition under Section 9 of the…

- **Court:** NCLT
- **Order date:** 15 Sept 2022
- **Citation:** TCN-2022-NCLT-01059
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/sarv-awas-housing-bhiwadi-private-limited-cp-ib-no133-chd-chd-2022-b3700803

## Summary

### Background

Manoj Kumar, Proprietor of M/s Volunteer Associates, filed a petition under Section 9 of the Insolvency and Bankruptcy Code, 2016, against Sarv Awas Housing Bhiwadi Private Limited, seeking initiation of Corporate Insolvency Resolution Process (CIRP). The operational creditor claimed that the corporate debtor defaulted on payments for construction material and security services provided. The corporate debtor acknowledged the debt but cited poor financial condition due to decreased real estate demand as the reason for non-payment. The operational creditor and corporate debtor had business relations since March 2016. The operational creditor was engaged in the construction of flats at the site of the corporate debtor in Bhiwadi and was also supplying the security guards

…

## Facts

Manoj Kumar, proprietor of M/s Volunteer Associates (operational creditor), filed a petition against Sarv Awas Housing Bhiwadi Private Limited (corporate debtor) under Section 9 of the Insolvency and Bankruptcy Code, 2016. The operational creditor claimed a default of ₹1,35,15,157/- for construction material and security services provided between May 2016 and November 2019. The corporate debtor issued a work order for temporary construction of boundary wall at its project named 'Aravali Garden Project' in Bhiwadi, Rajasthan on 15.03.2016 and the initial work order was for an amount of Rs.7,00,000/-. The corporate debtor made a single payment of Rs.5,00,000/- on 27.10.2016. A Memorandum of Understanding (MOU) was signed on 08.03.2019, where the corporate debtor agreed

…

## Issues and analysis

### Issue 1: Whether the demand notice in Form 3 …

**Ratio:** A demand notice is considered properly served if it is sent to the registered office of

…

**Reasoning:** The court noted that the demand notice dated 19.02.2022 was sent through courier to the

…

**Interpretation:** The demand notice must be served through appropriate channels to ensure the

…

**Application:** The court found that the demand notice was properly served as it was sent to

…

## Parties

- **Judges:** Harnam Singh…; SUBRATA KUM…
- **Appellants:** Manoj K…
- **Respondents:** Sarv Awas Housing…

## Timeline

- **2016-03-01 — Business Relati…**: Operational creditor and corporate…
- **2016-03-15 — Work Order…**: Corporate debtor issued work order for boundary wall construction at 'Aravali Garden…

## 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/sarv-awas-housing-bhiwadi-private-limited-cp-ib-no133-chd-chd-2022-b3700803