# In the matter of Rajeev Srivastva Vs Ahluwalia Contracts India Limited & Ors.

> NCLAT judgment dated 2023-04-28. Citation: TCN-2023-NCLAT-00569. The appeal was filed against an order dated 07.07.2020 by which the Adjudicating Authority…

- **Court:** NCLAT
- **Order date:** 28 Apr 2023
- **Citation:** TCN-2023-NCLAT-00569
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/rajeev-srivastva-vs-ahluwalia-contracts-india-limited-ors-02c93176

## Summary

### Background

The appeal was filed against an order dated 07.07.2020 by which the Adjudicating Authority admitted a Section 9 application filed by the Operational Creditor. The appellant raised the submission that a Section 8 notice was not issued before filing the Section 9 application. A two-member bench referred two questions to a larger bench, which were answered on 21.02.2023, holding that no notice under Section 8(1) was necessary for filing a Section 9 application in the present case. Prior to filing the Section 9 application, a Company Petition was filed before the Hon'ble High Court of Orissa, which was later transferred to NCLT, Cuttack.

## Facts

Rajeev Srivastva, the appellant, filed an appeal against Ahluwalia Contracts (India) Ltd. & Ors., the respondents, regarding an order by the Adjudicating Authority admitting a Section 9 application filed by the Operational Creditor. The appellant contended that no Section 8 notice was issued before filing the Section 9 application. The appellant also argued that there was no default of debt, as payment was contingent upon the start of work, referencing a letter dated 07.08.2013 and a reply dated 13.08.2013. The respondent argued that the corporate debtor's only defense in the Section 9 application was the lack of a Section 8 notice. Prior to the Section 9 application, a Company Petition was filed before the High Court of Orissa and subsequently transferred to NCLT,

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## Issues and analysis

### Issue 1: Whether the Adjudicating Authority erred in …

**Ratio:** The court held that the debt was proved and

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**Reasoning:** The court found no error in the order of the Adjudicating Authority admitting the Section

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**Interpretation:** The Adjudicating Authority's decision to admit the Section 9 application was

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**Application:** The court applied the principle that if a debt is proven and a default has

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## Parties

- **Judges:** Ashok Bh…; Barun M…
- **Appellants:** Rajeev Sri…
- **Respondents:** Ahluwalia…
- **Advocates:** P. Na…; Ankur…; +7 more

## Timeline

- **2020-07-07 — Order by Adjudicating…**: The Adjudicating Authority admitted Section 9 application filed by the Operational…
- **2023-02-21 — Larger Bench…**: A two-member bench referred two questions to the Larger Bench, which has already been…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 9 — Application for initiation of corporate insolvency…](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-9)

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