# Aggarwal Ply House vs. Techno Fac Contracts Pvt. Ltd.

> NCLAT judgment dated 22 Apr 2026. Citation: TCN-2026-NCLAT-00131. This appeal was filed against an impugned order dated 25.03.2026 by which a Section 9…

- **Court:** NCLAT
- **Order date:** 22 Apr 2026
- **Citation:** TCN-2026-NCLAT-00131
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/aggarwal-ply-house-vs-techno-fac-contracts-pvt-ltd-d0ce5813

## Summary

### Background

This appeal was filed against an impugned order dated 25.03.2026 by which a Section 9 application, initiated by the Appellant, was rejected. The rejection was based on the ground that an interest component could not be added to the principal amount, and consequently, the principal amount alone was less than the threshold required by Section 4 of the Insolvency and Bankruptcy Code (IBC).

## Facts

An appeal was filed by Aggarwal Ply House against an order dated 25.03.2026 rejecting their Section 9 application.

The Section 9 application was rejected because the interest component could not be added, and the principal amount was below the threshold under Section 4 of the IBC.

The Appellant contended that invoices sent by the Operational Creditor (OC), which included a 24% interest rate, were counter-signed by the Corporate Debtor (CD).

The Appellant argued that the counter-signing by the CD indicated acceptance of the 24% interest, making the claim maintainable.

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## Issues and analysis

### Issue 1: Whether interest mentioned in invoices, counter-signed by the Corporate Debtor, can be added to the …

**Ratio:** For interest on delayed payments to be added to the principal amount and be considered

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**Reasoning:** The Adjudicating Authority, and subsequently the NCLAT, relied on precedents (M/S SNJ

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**Interpretation:** Section 4 of the Insolvency and Bankruptcy Code, 2016, sets a pecuniary

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**Application:** In the present case, while the invoices sent by the Operational Creditor

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## Parties

- **Judges:** Ashok Bh…; Barun M…
- **Appellants:** Aggarwal Pl…
- **Respondents:** Techno Fac…
- **Other parties:** Insolvency and…; Section 9…; +5 more
- **Advocates:** Pratham Me…; Bhupes…; +1 more

## Timeline

- **2026-03-25 — Impugned Orde…**: The Adjudicating Authority issued an order rejecting the Section 9 application filed by…
- **2026-04-22 — Appeal Filed and Order…**: Aggarwal Ply House filed an appeal against the impugned order. The NCLAT issued its order…

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