# In the matter of RADIUS SUMER DEVELOPERS PRIVATE LIMITED

> NCLT judgment dated 2025-03-18. Citation: TCN-2025-NCLT-01051. This is a Restored Application bearing R.C.P. (IB) No.03/MB/2025, filed on 21.01.2025,…

- **Court:** NCLT
- **Order date:** 18 Mar 2025
- **Citation:** TCN-2025-NCLT-01051
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-mumbai/radius-sumer-developers-private-limited-f6495f2a

## Summary

### Background

This is a Restored Application bearing R.C.P. (IB) No.03/MB/2025, filed on 21.01.2025, connected to C.P. (IB) No.1159/MB/2022 (Original Application). The Original Application was filed by Capacite Infraprojects Limited, the Operational Creditor, on 12.10.2022 under Section 9 of the Insolvency and Bankruptcy Code, 2016 for initiating Corporate Insolvency Resolution Process (CIRP) in respect of Radius Sumer Developers Private Limited, the Corporate Debtor.

## Facts

The Operational Creditor, Capacite Infraprojects Limited, filed an application under Section 9 of the Insolvency and Bankruptcy Code, 2016, to initiate CIRP against the Corporate Debtor, Radius Sumer Developers Private Limited.

The Operational Creditor claimed a total debt of Rs.10,65,04,291/- inclusive of site establishment expenses, recoverable TDS, and interest at 15% per annum until 10.09.2022.

The Corporate Debtor issued a Letter of Intent in September 2018 for construction works to be executed for a residential project known as 'Harbour Heights'.

The Corporate Debtor acknowledged the debt through a Settlement Agreement dated 10.05.2019, admitting a sum of Rs.7,70,13,647/- owed to the Operational Creditor.

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## Issues and analysis

### Issue 1: Whether the debt in question arises from the provision of construction services rendered by the …

**Ratio:** Section 5(21) of the Code

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**Reasoning:** The debt arises from construction services provided by the Operational Creditor to the

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**Interpretation:** The services provided fall within the definition of 'operational debt' under

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**Application:** The debt is classified as an operational debt as it pertains to construction

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## Parties

- **Judges:** K. R. SAJI…; SANJIV…
- **Respondents:** RADIUS SUMER…
- **Other parties:** Bharat Ramakant…; Capacite Infraproj…
- **Advocates:** Pulkit S…; Siddha Pa…; +1 more

## Timeline

- **2018-09-01 — Letter of…**: Corporate Debtor issued a Letter of Intent to the Operational Creditor for construction…
- **2018-10-20 — Articles of A…**: Parties entered into an Articles of Agreement (Work Order) to crystallise the contractual…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 5(21) — Definitions](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-5)

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