# In the matter of Vikas Procon Private Limited CP (IB) No. 1389-MB-IV-2020

> NCLT judgment dated 2023-04-19. Citation: TCN-2023-NCLT-03735. The case involves an application filed by Tejendrakumar Patel, an Operational…

- **Court:** NCLT
- **Order date:** 19 Apr 2023
- **Citation:** TCN-2023-NCLT-03735
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/vikas-procon-private-limited-cp-ib-no-1389-mb-iv-2020-0f177cde

## Summary

### Background

The case involves an application filed by Tejendrakumar Patel, an Operational Creditor/Applicant, against Vikas Procon Private Limited, the Corporate Debtor/Respondent, under Section 9 of the Insolvency & Bankruptcy Code, 2016, for initiating Corporate Insolvency Resolution Process (CIRP). The Operational Creditor is a sole proprietor of Comprehensive Design Architects and had business relations with the Vikas Group since February 2012 for architectural projects. The Corporate Debtor had appointed the Operational Creditor in 2015 to provide architectural services for a fee. Disputes arose regarding payments, leading to the application for CIRP.

## Facts

Tejendrakumar Patel, proprietor of Comprehensive Design Architects (Operational Creditor), filed an application under Section 9 of the Insolvency & Bankruptcy Code, 2016, against Vikas Procon Private Limited (Corporate Debtor) for initiating CIRP. The Operational Creditor and the Corporate Debtor had a business relationship since February 2012. The Corporate Debtor appointed the Operational Creditor on 20.05.2015 to provide architectural services at Rs. 10 per square foot. The Operational Creditor shared invoicing protocols on 12.02.2018. The Corporate Debtor paid Rs. 76,27,778 until 31.03.2019. The total claim was Rs. 4,24,56,016, inclusive of interest under the MSME Act, with a default date of 01.07.2019. The Operational Creditor sent an invoicing protocol and

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## Issues and analysis

### Issue 1: Whether the application filed by the Operational Creditor under Section 9 of the I&B Code is …

**Ratio:** Section 9 of the I&B Code allows an operational creditor to initiate CIRP against a

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**Reasoning:** The court considered the documents and pleadings, including the invoices, demand notice,

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**Interpretation:** Section 9 provides a mechanism for operational creditors to recover their dues

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**Application:** The court found that the application was complete and properly filed. The

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## Parties

- **Judges:** Prabhat…; KISHORE VEMULAPALL…
- **Appellants:** Tejendrakumar…
- **Respondents:** Vikas Procon…

## Timeline

- **2012-02-01 — Business Relations…**: The Operational Creditor and Vikas Group formed business relations for architectural…
- **2015-05-20 — Appointment of…**: The Corporate Debtor appointed the Operational…

## 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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