# In the matter of Abir Infrastructure Pvt. Ltd. Company Petition No. IB-893-ND-2018

> NCLT judgment dated 2019-01-30. Citation: TCN-2019-NCLT-05107. M/S Vinayak Wire Products Pvt. Ltd., an operational creditor, filed an application under…

- **Court:** NCLT
- **Order date:** 30 Jan 2019
- **Citation:** TCN-2019-NCLT-05107
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/abir-infrastructure-pvt-ltd-company-petition-no-ib-893-nd-2018-e254c313

## Summary

### Background

M/S Vinayak Wire Products Pvt. Ltd., an operational creditor, filed an application under Section 9 of the Insolvency and Bankruptcy Code, 2016, against M/S Abir Infrastructure Pvt. Ltd., the corporate debtor, for unpaid operational debt. The applicant claimed that they supplied GI WIRE 85 WG to the respondent as per a purchase order dated 26.09.2011. An invoice was raised on 05.11.2011 for Rs. 9,56,377/-, and a partial payment of Rs. 3,00,000/- was made on 16.11.2013. Despite repeated requests and reminders, the remaining amount of Rs. 6,56,377/- remained unpaid. A legal notice was issued on 04.10.2016 under Section 434 of the Companies Act, 1956. Subsequently, a demand notice was issued on 24.03.2018 under Section 8 of the IBC, 2016.

## Facts

M/S Vinayak Wire Products Pvt. Ltd. (Operational Creditor) supplied GI WIRE 85 WG to M/S Abir Infrastructure Pvt. Ltd. (Corporate Debtor) as per purchase order dated 26.09.2011. An invoice dated 05.11.2011 for Rs. 9,56,377/- was raised. The Corporate Debtor made a partial payment of Rs. 3,00,000/- on 16.11.2013, leaving a balance of Rs. 6,56,377/-. Despite reminders, the Corporate Debtor failed to pay the outstanding amount. The Corporate Debtor acknowledged the debt via email on 04.06.2013. A legal notice was issued on 04.10.2016 under Section 434 of the Companies Act, 1956. Subsequently, a demand notice was issued on 24.03.2018 under Section 8 of the Insolvency and Bankruptcy Code, 2016. The Operational Creditor filed an application under Section 9 of the IBC, 2016,

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## Issues and analysis

### Issue 1: Whether the application filed by the operational creditor under Section 9 of the Insolvency and …

**Ratio:** Section 9 of the Insolvency and Bankruptcy Code, 2016 allows an operational creditor to

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**Reasoning:** The Tribunal observed that the operational creditor had followed the procedure prescribed

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**Interpretation:** Section 9 provides a mechanism for operational creditors to recover their dues

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**Application:** The operational creditor, M/S Vinayak Wire Products Pvt. Ltd., followed the

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## Parties

- **Judges:** DEEPTI M…
- **Appellants:** M/S VINAYAK WIRE…
- **Respondents:** M/S ABIR INFRASTRU…

## Timeline

- **2011-09-26 — Purchase…**: Purchase order issued by respondent company to the applicant company for supply of GI…
- **2011-11-05 — Invoice R…**: Applicant company raised an invoice for…

## 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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