# In the matter of Advance Powerinfra Tech Limited CP (B) No. 990-KB-2018

> NCLT judgment dated 2018-09-27. Citation: TCN-2018-NCLT-00701. The case pertains to an application filed by Ankit Kumar, the Operational Creditor, under…

- **Court:** NCLT
- **Order date:** 27 Sept 2018
- **Citation:** TCN-2018-NCLT-00701
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/advance-powerinfra-tech-limited-cp-b-no-990-kb-2018-d111a538

## Summary

### Background

The case pertains to an application filed by Ankit Kumar, the Operational Creditor, under Section 9 of the Insolvency and Bankruptcy Code, 2016, to initiate the Corporate Insolvency Resolution Process (CIRP) against Advance Powerinfra Tech Limited, the Corporate Debtor. The application was filed due to the Corporate Debtor's inability to pay dues amounting to Rs. 6 lakhs towards professional charges.

## Facts

Ankit Kumar, the Operational Creditor, filed an application under Section 9 of the Insolvency and Bankruptcy Code, 2016, to initiate Corporate Insolvency Resolution Process (CIRP) against Advance Powerinfra Tech Limited, the Corporate Debtor. The basis for the application was the Corporate Debtor's failure to pay dues of Rs. 6 lakhs for professional charges. The Corporate Debtor acknowledged the default of Rs. 6 lakhs in an affidavit-in-reply. The Operational Creditor proposed Mr. Balaknath Bhattacharyya as the Interim Resolution Professional (IRP). The IRP also submitted a written communication dated 6th July, 2018, certifying that there were no disciplinary proceedings pending against him. The Corporate Debtor admitted the debt and its default.

## 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

…

**Reasoning:** The court noted that the Corporate Debtor admitted to the default of Rs. 6 lakhs. The

…

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

…

**Application:** The Corporate Debtor's admission of the debt and default, along with the

…

## Parties

- **Judges:** Madan B.…
- **Appellants:** Ankit K…
- **Respondents:** Advance Powerinfra…

## Timeline

- **2018-07-06 — Written Communication…**: The proposed Interim Resolution Professional (IRP) submitted Written Communication in…
- **2018-09-27 — Order Pron…**: The court pronounced the order admitting the petition for CIRP, declaring a moratorium,…

## 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)

---

This is a preview. The full structured summary, issues, precedents and source judgment are available on CaseEase - Legal Intelligence Simplified: https://caseease.in/cases/ibc/nclt-chandigarh/advance-powerinfra-tech-limited-cp-b-no-990-kb-2018-d111a538