# In the matter of Ahluwalia Contracts (India) Pvt. Ltd. (IB)-651-ND-2018

> NCLT judgment dated 2021-05-05. Citation: TCN-2021-NCLT-02192. The case pertains to an application filed against Ahluwalia Contracts (India) Pvt. Ltd., the…

- **Court:** NCLT
- **Order date:** 5 May 2021
- **Citation:** TCN-2021-NCLT-02192
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/ahluwalia-contracts-india-pvt-ltd-ib-651-nd-2018-19c33c67

## Summary

### Background

The case pertains to an application filed against Ahluwalia Contracts (India) Pvt. Ltd., the corporate debtor, by M/s Arcon & Associates, the operational creditor, under Section 9 of the Insolvency & Bankruptcy Code. The application, CP No. (IB)-2135/(ND)/2019, sought initiation of the Corporate Insolvency Resolution Process (CIRP).

## Facts

M/s Arcon & Associates, acting as the operational creditor, filed an application against Ahluwalia Contracts (India) Pvt. Ltd., the corporate debtor, under Section 9 of the Insolvency & Bankruptcy Code (IBC). The application number was CP No. (IB)-2135/(ND)/2019. The application sought the initiation of the Corporate Insolvency Resolution Process (CIRP) against the corporate debtor due to an alleged default in payment of operational debt. The NCLT admitted the application on May 5, 2021, and initiated the CIRP. The applicant was given the liberty to file its claim before the Interim Resolution Professional (IRP). The order also clarified that if the CIRP order is set aside, the applicant can take recourse under the law.

## Issues and analysis

### Issue 1: Whether the application CP No. (IB)-2135/(ND)/2019 filed by M/s Arcon & Associates against …

**Ratio:** The ratio is based on Section 9 of the Insolvency and Bankruptcy Code, which allows an

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**Reasoning:** The court reasoned that the application met the requirements under Section 9 of the IBC,

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**Interpretation:** Section 9 of the IBC is interpreted to provide a mechanism for operational

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**Application:** The ratio and reasoning were applied to the facts of the case, where M/s Arcon

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## Parties

- **Judges:** DEEPTI M…; SUMITA PURK…; +1 more
- **Appellants:** M/s Arcon &…
- **Respondents:** Ahluwalia…

## Timeline

- **2019-01-01 — Application…**: CP No. (IB)-2135/(ND)/2019 filed against…
- **2021-05-05 — Order Da…**: Application admitted, CIRP initiated, and applicant granted liberty to file claim before…

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