# In the matter of Unibera Developers Private Limited  (IB)-505(ND)2022

> NCLT judgment dated 2023-01-13. Citation: TCN-2023-NCLT-05059. Mahi Buildhome Private Limited, the Applicant/Operational Creditor, filed a petition under…

- **Court:** NCLT
- **Order date:** 13 Jan 2023
- **Citation:** TCN-2023-NCLT-05059
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/unibera-developers-private-limited-ib-505nd2022-e1b7a7d2

## Summary

### Background

Mahi Buildhome Private Limited, the Applicant/Operational Creditor, filed a petition under Section 9 of the Insolvency and Bankruptcy Code, 2016, seeking to initiate the Corporate Insolvency Resolution Process (CIRP) against Unibera Developers Private Limited, the Respondent. The applicant is in the business of construction and real estate development, while the respondent is engaged in the development and construction of real estate projects. The applicant executed work orders for the respondent's residential project between 2015 and 2021, raising invoices for the work done.

## Facts

Mahi Buildhome Private Limited (Applicant/Operational Creditor) filed a petition under Section 9 of the Insolvency and Bankruptcy Code, 2016, to initiate CIRP against Unibera Developers Private Limited (Respondent/Corporate Debtor). The Applicant provided civil construction work to the Respondent's residential project based on work orders dated 30.04.2015 and 01.10.2021. The Applicant raised invoices for the work, which the Respondent acknowledged but did not pay. The total debt claimed by the Applicant is Rs. 6,13,90,529/-, with the date of default being 03.11.2022. The Respondent initially denied liability but later admitted the debt through its counsel during the hearing. The Respondent had made a last payment on 03.11.2020. The applicant sent a demand notice dated

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## Issues and analysis

### Issue 1: Whether the petition filed by the Operational Creditor under Section 9 of the Insolvency and …

**Ratio:** The petition is admitted in terms of Section 9(5) of the IBC when the Respondent has

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**Reasoning:** The Tribunal considered the admission of debt made by the Respondent's counsel during the

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**Interpretation:** Section 9(5) of the IBC allows the Adjudicating Authority to admit an

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**Application:** In this case, the Respondent's counsel admitted the liability on behalf of the

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## Parties

- **Judges:** Sh. Ashok Kumar…; L. N. G…
- **Appellants:** Mahi Buildhome…
- **Respondents:** UNIBERA DEVELOPERS…
- **Advocates:** Pranav…; Aditya Shankar…; +4 more

## Timeline

- **2015-04-30 — Work Orde…**: One of the work orders issued by the Respondent to the Applicant for civil construction…
- **2021-10-01 — Work Orde…**: Another work order issued by the Respondent to…

## 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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