# In the matter of Brij Gopal Construction Company Private Limited

> NCLT judgment dated 2023-07-27. Citation: TCN-2023-NCLT-05247. M/s. Geocon Infra Private Limited, the Operational Creditor, filed an application under Section…

- **Court:** NCLT
- **Order date:** 27 Jul 2023
- **Citation:** TCN-2023-NCLT-05247
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-new-delhi/brij-gopal-construction-company-private-limited-9dd57b72

## Summary

### Background

M/s. Geocon Infra Private Limited, the Operational Creditor, filed an application under Section 9 of the Insolvency and Bankruptcy Code, 2016, for initiating the Corporate Insolvency Resolution Process (CIRP) against M/s. Brij Gopal Construction Company Private Limited, the Corporate Debtor, due to a default in payment of Rs. 1,55,06,384/-.

## Facts

The Operational Creditor, Geocon Infra Private Limited, filed an application under Section 9 of the IBC against the Corporate Debtor, Brij Gopal Construction Company Private Limited.

The application was filed due to a default in payment of Rs. 1,55,06,384/-.

The Operational Creditor completed work for the Corporate Debtor under a work order dated 18.04.2018.

The Operational Creditor raised multiple invoices between March 2019 and December 2021, totaling Rs. 6,19,80,323.00/-.

The Corporate Debtor made irregular payments totaling Rs. 4,50,90,450.00/-.

The Corporate Debtor claimed liquidated damages of Rs. 2.14 Crores due to delays.

The Corporate Debtor argued that the final bill raised by the Operational Creditor was premature.

…

## Issues and analysis

### Issue 1: Whether the application under …

**Ratio:** The application is maintainable if there is

…

**Reasoning:** The Adjudicating Authority found that the Corporate Debtor had defaulted in making

…

**Interpretation:** Section 9 of the IBC allows an Operational Creditor to initiate CIRP if a

…

**Application:** The Adjudicating Authority admitted the application, finding that a default had

…

## Parties

- **Judges:** BACHU VENKAT…; ATUL CHAT…
- **Appellants:** M/s. Geocon Infra…
- **Respondents:** M/s. Brij Gopal…
- **Other parties:** Mukesh Kuma…
- **Advocates:** Gaurav…; Anurag Kr.…; +2 more

## Timeline

- **2018-04-18 — Work Orde…**: Date of the work order issued by the…
- **2019-03-31 — Invoice No.…**: Date of Invoice No. 1…

## 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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