IN THE NATIONAL COMPANY LAW TRIBUNAL

BENGALURU BENCH, BENGALURU

[Through Physical hearing/VC Mode (Hybrid)]

ITEM No.12

I.A.No.575/2024 in

C.P. (IB) No.180/BB/2020

IN THE MATTER OF:

M/s. Whitehand Services … Petitioner

Vs.

M/s. RD Buildtech and Developers (Karnataka) Pvt. Ltd. … Respondent

Order under Section 9 of IBC, 2016

Order delivered on: 13.06.2025

CORAM:

SH. SUNIL KUMAR AGGARWAL HON’BLE MEMBER (JUDICIAL)

SH. RADHAKRISHNA SREEPADA HON’BLE MEMBER (TECHNICAL)

PRESENT:

For the Applicant in I.A.575/2024 : Shri Srihari N.S. with

Shri Theerthesh B.S.

For the Respondent : None

ORDER

I.A.No.575/2024 is dismissed vide separate order.

File be sent to records.

-Sd- -Sd-

RADHAKRISHNA SREEPADA SUNIL KUMAR AGGARWAL

MEMBER (TECHNICAL) MEMBER (JUDICIAL)

BL

IN THE NATIONAL COMPANY LAW TRIBUNAL, BENGALURU BENCH (Exercising powers of Adjudicating Authority under Section 5(1) of The Insolvency and Bankruptcy Code, 2016)

ITEM No.12 I.A.No.575/2024 in C.P. (IB) No.180/BB/2020 Under Section 9 of IBC, 2016 IN THE MATTER OF:

M/s. Whitehand Services … Petitioner Versus M/s. RD Buildtech and Developers (Karnataka) Pvt. Ltd. … Respondent Order delivered on: 13.06.2025 CORAM: Sh. Sunil Kumar Aggarwal, Hon’ble Member (Judicial)

Sh. Radhakrishna Sreepada, Hon’ble Member (Technical)

Parties/Counsels Present:

For the Applicant in I.A.575/2024 : Sh. Srihari N.S. & Sh. Theerthesh B.S.

For the Respondent : None

O R D E R

I.A.No.575/2024:

1. The IA has been filed by Applicant/Operational Creditor under Order 21 Rule 11 of Code of Civil Procedure, 1908 read with clause (3) of section 424 of the Act, 2013 through Shri Nityananda Bhat, Partner/Authorized Signatory seeking execution for a sum of Rs.22,53,949/- with interest @ 24% p.a. and costs by attachment and sale of respondent’s movable and immovable properties and by freezing their Bank Accounts.

2. The essential facts of case are as follows:-

a) The applicant had filed C.P(IB) No.180/BB/2020 under Section 9 of IBC read with rule 6 of IBC (AAA) Rules seeking to initiate CIRP against the Respondent for committing default in payment of Rs.22,53,949/-being accrued service charges.

b) The Respondent had filed statement of objections inter-alia contending that the applicant had failed to meet statutory obligations due to which payment was withheld.

c) During the course of arguments, it was stated that the Respondent has agreed to settle the claim of applicant/Petitioner within the time that may be fixed by the Adjudicating Authority. This Authority had observed in order dated 15.04.2021 that the ‘debt’ and ‘default’ were deemed to admitted by the Respondent albeit one more chance to settle the claim with Petitioner was given before initiating CIRP and instead of keeping the Petition alive pending settlement, it was disposed off by directing the Respondent to settle the claim of Applicant within a period of one (01) month from the date of receipt of said order, failing which the applicant will be entitled to approach this Authority by filing appropriate Petition in accordance with law with the same cause of action.

d) The applicant had sent mail dated 12.05.2021 and registered notice dated 14.07.2021 calling upon the Respondent to comply with the Court order dated 15.04.2021 by making payment, but no amount has been paid. Hence this execution petition.

3. The Respondent has objected to the Petition by contending that the order dated 15.04.2024 was only direction which does not constitute an executable decree. The application has been filed after 4 years of the order has otherwise become barred by limitation and rendered not maintainable.

4. Arguments heard on behalf of parties. The record reveals that after the passing of order dated 15.04.2021, the applicant/Petitioner had filed IA.No.393/2021 under Rule 11 and 32 of NCLT Rules seeking to recall order dated 15.04.2021 and restore/revival of C.P(IB) No.180/BB/2020. It was stated that since the Respondent/Corporate Debtor has neither replied to the demands nor complied with order dated 15.04.2021, the