The applicant, an operational creditor, filed an application under Section 9 of the Insolvency and Bankruptcy Code, 2016, to initiate Corporate Insolvency Resolution Process (CIRP) against the respondent, a corporate debtor, for an alleged default in clearing a debt of Rs. 28,14,754.
The Corporate Debtor issued a tender on July 14, 2014, for Civil Works in Mercure Hotel, which the Operational Creditor won. A Letter of Intent was issued on October 17, 2014, and subsequently, a Civil Work Agreement was entered into. The agreement stipulated that the Corporate Debtor would pay Rs. 10,32,70,048 for satisfactory work and would retain 5% of the Running Account Bill (RA Bill) as retention money, to be released after one year of virtual completion. Under the Civil Works Agreement, 95% of the RA Bill amount was to be released on a pro-rata basis, and 5% was retention money. Schedule II Clause 1.iii specified a 5% deduction from each RA Bill as retention money, with 1% cash retention released after one year of virtual completion and 4% against a Bank
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Corporate Debtor issued…
Corporate Debtor issued…
The applicant, an operational creditor, filed an application under Section 9 of the Insolvency and Bankruptcy Code, 2016, to initiate Corporate Insolvency Resolution Process (CIRP) against the respondent, a corporate debtor, for an alleged default in clearing a debt of Rs. 28,14,754.
The Corporate Debtor issued a tender on July 14, 2014, for Civil Works in Mercure Hotel, which the Operational Creditor won. A Letter of Intent was issued on October 17, 2014, and subsequently, a Civil Work Agreement was entered into. The agreement stipulated that the Corporate Debtor would pay Rs. 10,32,70,048 for satisfactory work and would retain 5% of the Running Account Bill (RA Bill) as retention money, to be released after one year of virtual completion. Under the Civil Works Agreement, 95% of the RA Bill amount was to be released on a pro-rata basis, and 5% was retention money. Schedule II Clause 1.iii specified a 5% deduction from each RA Bill as retention money, with 1% cash retention released after one year of virtual completion and 4% against a Bank
…Corporate Debtor issued…
Corporate Debtor issued…