Continental Piling & Excavation Pvt. Ltd. filed an appeal under Section 61 of the Insolvency and Bankruptcy Code, 2016 (IBC) against an order dated 14.12.2018 passed by the National Company Law Tribunal, Mumbai. The NCLT had dismissed an application filed by Continental Piling & Excavation Pvt. Ltd. under section 9 of the IBC, citing the existence of a dispute between the Operational Creditor and Corporate Debtor before the demand notice was served under section 8.
Continental Piling & Excavation Pvt. Ltd. (Operational Creditor/Appellant) received two work orders from Capacit'e Infraprojects Limited (Corporate Debtor/Respondent) on 17.8.2013 and 22.10.2013 for piling and foundation work. After completing the work, the Appellant raised invoices, and some payments were made. The Appellant claimed to have submitted necessary documents like Provident Fund challans and ESI challans. However, the Respondent requested account statements and compliance documents. As Rs.38,34,843.53 remained due, the Appellant sent a section 8 demand notice on 16.8.2017, which the Respondent replied to on 25.8.2017, citing non-compliance with labor laws. The Operational Creditor claimed that the requirements of labour compliances are not relevant for
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Corporate Debtor issued…
Corporate Debtor issued…
Continental Piling & Excavation Pvt. Ltd. filed an appeal under Section 61 of the Insolvency and Bankruptcy Code, 2016 (IBC) against an order dated 14.12.2018 passed by the National Company Law Tribunal, Mumbai. The NCLT had dismissed an application filed by Continental Piling & Excavation Pvt. Ltd. under section 9 of the IBC, citing the existence of a dispute between the Operational Creditor and Corporate Debtor before the demand notice was served under section 8.
Continental Piling & Excavation Pvt. Ltd. (Operational Creditor/Appellant) received two work orders from Capacit'e Infraprojects Limited (Corporate Debtor/Respondent) on 17.8.2013 and 22.10.2013 for piling and foundation work. After completing the work, the Appellant raised invoices, and some payments were made. The Appellant claimed to have submitted necessary documents like Provident Fund challans and ESI challans. However, the Respondent requested account statements and compliance documents. As Rs.38,34,843.53 remained due, the Appellant sent a section 8 demand notice on 16.8.2017, which the Respondent replied to on 25.8.2017, citing non-compliance with labor laws. The Operational Creditor claimed that the requirements of labour compliances are not relevant for
…Corporate Debtor issued…
Corporate Debtor issued…