# In the matter of APM DESIGN BUILD PRIVATE LIMITED

> NCLT judgment dated 2025-05-23. Citation: TCN-2025-NCLT-00960. The case involves an application filed by AKG Shutterings Private Limited, an Operational…

- **Court:** NCLT
- **Order date:** 23 May 2025
- **Citation:** TCN-2025-NCLT-00960
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-bengaluru/apm-design-build-private-limited-d1b34b98

## Summary

### Background

The case involves an application filed by AKG Shutterings Private Limited, an Operational Creditor, under Section 9 of the Insolvency and Bankruptcy Code, 2016, to initiate the Corporate Insolvency Resolution Process (CIRP) against APM Design Build Private Limited, the Corporate Debtor, due to outstanding debt.

## Facts

AKG Shutterings Private Limited (Operational Creditor) filed a petition under Section 9 of the IBC, 2016, to initiate CIRP against APM Design Build Private Limited (Corporate Debtor).

The Date of Default is 30.07.2022.

The Operational Creditor and Corporate Debtor entered into an agreement for the supply of shuttering and scaffolding materials.

The Corporate Debtor defaulted on payments amounting to Rs. 3,73,40,540/-.

A demand notice was issued to the Corporate Debtor on 20.03.2023.

The Corporate Debtor failed to respond to the demand notice.

The Operational Creditor proposed the name of Mr. Gagan Gulati as the Interim Resolution Professional (IRP).

## Issues and analysis

### Issue 1: Whether the Operational Creditor has met the requirements under Section 9 of the Insolvency and …

**Ratio:** Section 9 of the IBC, 2016, outlines the requirements for an operational creditor to

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**Reasoning:** The Operational Creditor has demonstrated that a debt is owed by the Corporate Debtor and

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**Interpretation:** The Adjudicating Authority interpreted the provisions of Section 9 to mean that

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**Application:** The Adjudicating Authority applied the provisions of Section 9 to the facts of

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## Parties

- **Judges:** Sunil Kumar…; Radhakrishna…
- **Appellants:** AKG Shuttering…; AKG SHUTTERINGS…
- **Respondents:** APM Design Build…; APM Design Build…
- **Other parties:** Gagan G…; Mobilox Innovation…

## Timeline

- **2023-05-25 — Petition…**: The present petition was filed on 25.05.2023 under section 9 of the Insolvency and…
- **2022-07-30 — Date of D…**: It is submitted that the Date of Default is on 30.07.2022 as per Part IV of Form No. 5…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 8 — Insolvency resolution by operational creditor](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-8)

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