# In the matter of Xrbia Chakan Developers Pvt. Ltd.

> NCLT judgment dated 2024-08-01. Citation: TCN-2024-NCLT-00902. The case involves a petition filed by Tricon Infra Buildtech Pvt Ltd (Operational…

- **Court:** NCLT
- **Order date:** 1 Aug 2024
- **Citation:** TCN-2024-NCLT-00902
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/xrbia-chakan-developers-pvt-ltd-bace6fdb

## Summary

### Background

The case involves a petition filed by Tricon Infra Buildtech Pvt Ltd (Operational Creditor/Petitioner) under Section 9 of the Insolvency and Bankruptcy Code, 2016, to initiate Corporate Insolvency Resolution Process (CIRP) against Xrbia Chakan Developers Pvt Ltd (Corporate Debtor/Respondent) for an alleged default of Rs. 2,00,26,690/-. The Operational Creditor provided services to the Corporate Debtor based on a service work order issued on 14.12.2021. The Corporate Debtor acknowledged the debt but failed to make payments, citing financial difficulties and the impact of the Covid-19 pandemic.

## Facts

Tricon Infra Buildtech Pvt Ltd (Operational Creditor) filed a petition under Section 9 of the Insolvency and Bankruptcy Code, 2016, to initiate Corporate Insolvency Resolution Process (CIRP) against Xrbia Chakan Developers Pvt Ltd (Corporate Debtor) for a default of Rs. 2,00,26,690/-. The Operational Creditor provided civil and building construction services to the Corporate Debtor based on a service work order dated 14.12.2021. The services included compaction of earth, excavation, leveling, road work, rubble soling, and RCC pipe laying. The Operational Creditor raised invoices for Rs. 1,51,73,325/-. The Corporate Debtor acknowledged the debt but failed to make payments, citing financial difficulties due to unpaid payments, lack of flat sales, and the impact of the

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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:** Section 9 of the Insolvency and Bankruptcy Code, 2016 allows an operational creditor to

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**Reasoning:** The court found that the Operational Creditor had provided services to the Corporate

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

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**Application:** The court applied Section 9 to the facts of the case and found that the

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## Parties

- **Judges:** LAKSHMI G…; Charanjeet Singh…
- **Appellants:** Tricon Infra…
- **Respondents:** Xrbia Chakan…

## Timeline

- **2021-12-14 — Service Work Order…**: The Respondent issued a Service Work Order dated 14.12.2021 bearing P.O. ID: 5500088911…
- **2022-02-15 — Invoice R…**: Operational Creditor raised invoice…

## 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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