# In the matter of Roma Infrastructures India Pvt Ltd Vs. A S Iron & Steel (I) Pvt. Ltd. CA(AT)(Insolvency) 23-2019

> NCLAT judgment dated 2019-04-22. Citation: TCN-2019-NCLAT-00656. Roma Infrastructures India Pvt. Ltd. filed an application under Section 9 of the Insolvency…

- **Court:** NCLAT
- **Order date:** 22 Apr 2019
- **Citation:** TCN-2019-NCLAT-00656
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/roma-infrastructures-india-pvt-ltd-vs-a-s-iron-steel-629c19b5

## Summary

### Background

Roma Infrastructures India Pvt. Ltd. filed an application under Section 9 of the Insolvency and Bankruptcy Code (I&B Code) against A.S. Iron & Steel (I) Pvt. Ltd. The application was rejected by an impugned order dated 23.01.2019. Roma Infrastructures had advanced payment of Rs. 74,32,326/- to A.S. Iron & Steel for the supply of goods, but the goods were not supplied.

## Facts

Roma Infrastructures India Pvt. Ltd. (Appellant) filed an application under Section 9 of the I&B Code against A.S. Iron & Steel (I) Pvt. Ltd. (Respondent). The application was rejected by an order dated 23.01.2019. Roma Infrastructures had advanced Rs. 74,32,326/- to A.S. Iron & Steel for the supply of goods. The goods were not supplied. The Respondent argued that the claim was barred by limitation as the goods were to be supplied in 2014. The key fact is that Roma Infrastructures did not supply goods or services to A.S. Iron & Steel, but rather advanced payment for goods to be supplied by A.S. Iron & Steel.

## Issues and analysis

### Issue 1: Whether the payment of Rs. 74,32,326/- advanced by Roma Infrastructures India Pvt. Ltd. to A.S. …

**Ratio:** An 'Operational Debt' arises from the provision of goods or services by the operational

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**Reasoning:** The court reasoned that since Roma Infrastructures had not supplied goods or provided

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**Interpretation:** The interpretation of 'Operational Debt' under Section 9 of the I&B Code

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**Application:** In this case, Roma Infrastructures advanced payment to A.S. Iron & Steel

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## Parties

- **Judges:** S.J. Mukhop…; A.I.S. C…; +1 more
- **Appellants:** Roma Infrastructur…
- **Respondents:** A.S. Iron & Steel…

## Timeline

- **2019-01-23 — Impugned…**: The application filed by the Appellant…
- **2019-04-22 — Application…**: The Appellant filed an application under Section 9 of I&B Code against M/s A.S. Iron &…

## 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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