# Saroj Didwania Proprietor of M/s Creations vs. Standard Motocorp Pvt Ltd

> NCLT judgment dated 2026-07-28. Citation: TCN-2026-NCLT-00733. Saroj Didwania, Proprietor of M/s Creations (Operational Creditor), filed a petition under…

- **Court:** NCLT
- **Order date:** 28 Jul 2026
- **Citation:** TCN-2026-NCLT-00733
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-indore/saroj-didwania-proprietor-of-ms-creations-vs-standard-motocorp-pvt-ltd-iinz4

## Summary

### Background

Saroj Didwania, Proprietor of M/s Creations (Operational Creditor), filed a petition under Section 9 of the IBC against Standard Motocorp Private Limited (Corporate Debtor) for an alleged default of Rs. 2,03,88,070/- for civil work. The Operational Creditor claims the work was completed and acknowledged, but payment was withheld. A demand notice was issued, to which the Corporate Debtor replied, alleging pre-existing disputes regarding work quality, delays, and fabricated invoices.

## Facts

Saroj Didwania, Proprietor of M/s Creations (Applicant/Operational Creditor), is engaged in civil work including construction, interior, mechanical, electrical, plumbing, and fitting works.

Standard Motocorp Private Limited (Respondent/Corporate Debtor), an automobile dealership, engaged the Applicant in 2021 for civil work at three sites: Nexa Workshop, True Value, and Nexa Showroom.

The Applicant completed the civil work at all three sites by February 2022, and this completion was acknowledged by the Respondent through various communications, including a WhatsApp group.

Bills of Quantity (BOQs) based on the work were accepted by the Respondent, with Mr. Krishna Pandey, the Respondent's authorized representative, sharing final BOQs via email on 02.05.2022.

…

## Issues and analysis

### Issue 1: Whether, prior to the receipt of the Demand Notice, there existed a genuine, plausible pre-existing …

**Ratio:** A dispute raised by the Corporate Debtor must be genuine and plausible, not spurious,

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**Reasoning:** The Tribunal found that the Respondent's alleged discrepancies in work quality were

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**Interpretation:** The Adjudicating Authority's role at the Section 9 stage is limited to

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**Application:** Applying the principles from Mobilox Innovations Pvt. Ltd. Vs. Kirusa Software

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## Parties

- **Judges:** Brajendra Mani…; Man Mohan…
- **Appellants:** Saroj Didwania…
- **Respondents:** M/s Standard…; Standard Motocorp…
- **Other parties:** Deepak…; Sourabh M…
- **Advocates:** Karan Ma…; Mayank…; +1 more

## Timeline

- **2021 — Work Enga…**: Standard Motocorp Private Limited engaged Saroj Didwania Proprietor of M/s Creations for…
- **2021-07 — Showroom Act…**: One of the showrooms was activated in July 2021, with work acknowledged as 'Time bound…

## 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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