# In the matter of M/s Quippo Infrastructure Limited,
Vs.
M.R. Nirman Private Limited Company Appeal (AT) (Insolvency) No. 1516 of 2019

> NCLAT judgment dated 2022-08-05. Citation: TCN-2022-NCLAT-00298. This is an appeal against the order dated 30.09.2019 passed by the Adjudicating Authority…

- **Court:** NCLAT
- **Order date:** 5 Aug 2022
- **Citation:** TCN-2022-NCLAT-00298
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/ms-quippo-infrastructure-limited-vs-mr-nirman-private-limited-company-appeal-4865ea05

## Summary

### Background

This is an appeal against the order dated 30.09.2019 passed by the Adjudicating Authority (National Company Law Tribunal, Kolkata Bench, Kolkata), which rejected the application filed under Section 9 of the Insolvency and Bankruptcy Code, 2016. The Adjudicating Authority rejected the application on the grounds that the operational creditor did not deliver a demand notice to the corporate debtor and that the claim of receipt of money in May 2016 was not evidenced by any Banker's certificate or details of cheque.

## Facts

Quippo Infrastructure Limited (Appellant) filed an appeal against the order dated 30.09.2019 passed by the Adjudicating Authority (National Company Law Tribunal, Kolkata Bench, Kolkata). The Adjudicating Authority rejected the application filed by Quippo Infrastructure Limited under Section 9 of the Insolvency and Bankruptcy Code, 2016. The rejection was based on the grounds that the operational creditor (Quippo Infrastructure Limited) did not deliver a demand notice to the corporate debtor (M.R. Nirman Private Limited) as required under Section 8 of the Code, and that the claim of receipt of money in May 2016 was not evidenced by any Banker's certificate or details of cheque. The Appellant contended that the Demand Notice was served on 12.12.2017 and that proof of

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## Issues and analysis

### Issue 1: Whether the Adjudicating Authority was justified in rejecting the Section 9 Application on the …

**Ratio:** The requirement under Section 8 of the Insolvency and Bankruptcy Code, 2016, mandates

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**Reasoning:** The tribunal found that the Demand Notice dated 12.12.2017 was sent by the Appellant to

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**Interpretation:** The service of the demand notice is a crucial step in initiating the CIRP

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**Application:** The tribunal applied the ratio to the facts and concluded that the Demand

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## Parties

- **Judges:** Anant Bijay…; Shreesha…
- **Appellants:** M/s Quippo…
- **Respondents:** M.R. Nirman…
- **Advocates:** Nikhil…; Abhijit Kumar…; +3 more

## Timeline

- **2017-12-12 — Demand N…**: Demand Notice was served by the Appellant on…
- **2017-12-20 — Service of Dema…**: Demand Notice was duly…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 61(1) — Appeals and Appellate Authority](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-61)

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