Nuevosol Energy Private Limited Vs IBC Solar Projects Private Limited

National Company Law Tribunal Mumbai Bench - Iv 1 Jan 2020 CP (IB) 63/MB/C-IV/2019 (2020) 01 NCLT CK 0005
Bench: Division Bench
Result Published
Acts Referenced

Judgement Snapshot

Case Number

CP (IB) 63/MB/C-IV/2019

Hon'ble Bench

Rajasekhar V.K., J; Ravikumar Duraisamy, Member (Technical)

Advocates

Akhil Mahesh, Rahul Gaikwad

Final Decision

Dismissed

Acts Referred
  • Insolvency And Bankruptcy Code, 2016 - Section 3(6), 8, 9, 9(5)(ii)
  • Companies Act, 2013 - Section 2(20)

Judgement Text

Translate:

10. The Corporate Debtor has retained ten percent of the contract value to the tune of Rs. 47,37,960/- towards faithful performance of th

Agreement, which was to be replaced by a Performance Bank Guarantee (PBG) after the commissioning of the project. The PBG had a validit

period of twelve months until final acceptance of the project. Clause 9.1 of the Agreement at p.36 of the Petition clearly specifies that the Operationa

Creditor would be entitled to release of the retention amount only after successful deposit of the PBG.

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