# In the matter of Anshdeep Chaddha vs. S.E.Power Ltd. & Ors.

> NCLAT judgment dated 2022-08-04. Citation: TCN-2022-NCLAT-00306. The appeal was filed under Section 61 of the Insolvency and Bankruptcy Code 2016 against the…

- **Court:** NCLAT
- **Order date:** 4 Aug 2022
- **Citation:** TCN-2022-NCLAT-00306
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/anshdeep-chaddha-vs-sepower-ltd-ors-5f6a9fc6

## Summary

### Background

The appeal was filed under Section 61 of the Insolvency and Bankruptcy Code 2016 against the order dated 03.06.2021 passed by the National Company Law Tribunal, Principal Bench-IV, New Delhi, in C.P. No. IB-218(PB)/2018. The appellant sought to call for the records from the Adjudicating Authority and to set aside the impugned final order/judgment dated 03.06.2021.

## Facts

Sh. Anshdeep Chaddha, the promoter/shareholder of Chowdhry Rubbers & Chemicals Pvt. Ltd., filed an appeal against the order passed by the National Company Law Tribunal (NCLT), Principal Bench-IV, New Delhi. S.E.Power Ltd. (Respondent No.1) had filed an application before the Adjudicating Authority claiming Rs. 8,42,863/- for goods supplied between 29.02.2016 and 09.08.2016. Chowdhry Rubbers & Chemicals Pvt. Ltd. (Respondent No.2) responded to the demand notice, citing disputes regarding the quality of goods, adjustment of costs, and pending commissions. Despite the dispute, the Adjudicating Authority admitted the application. The Appellant contended that the Respondent No.1 increased the claim amount to Rs. 16,22,682/-. The Appellant also stated that they had

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## Issues and analysis

### Issue 1: Whether the initiation of CIRP was warranted when the Corporate Debtor was in a position to pay …

**Ratio:** The Code has a prime object for ease of doing business, and the Hon'ble Apex Court

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**Reasoning:** The Tribunal found that the Corporate Debtor was in a position to pay back the dues and

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**Interpretation:** The Code should not be used as a tool for recovery when the Corporate Debtor is

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**Application:** In this case, the Corporate Debtor had already paid back the dues under the

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## Parties

- **Judges:** Rakesh…; Ashok Kumar…
- **Appellants:** Sh. Anshdeep…
- **Respondents:** Chowdhry Rubbers…; S.E.Power…

## Timeline

- **2016-02-29 — Goods Sup…**: Goods supplied by S.E.Power Ltd. to Chowdhry…
- **2016-08-09 — Goods Sup…**: Goods supplied by S.E.Power Ltd. to…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 61 — Appeals and Appellate Authority](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-61)

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