# In the matter of AIrlink Teleinfra LLP C.P. No. (IB) 574-9-NCLT-AHM-2019

> NCLT judgment dated 2021-03-01. Citation: TCN-2021-NCLT-02896. The case involves an application filed by Smart Info Solution, a proprietorship firm, against…

- **Court:** NCLT
- **Order date:** 1 Mar 2021
- **Citation:** TCN-2021-NCLT-02896
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/airlink-teleinfra-llp-cp-no-ib-574-9-nclt-ahm-2019-c90ecfc3

## Summary

### Background

The case involves an application filed by Smart Info Solution, a proprietorship firm, against Airlink Teleinfra LLP, a limited liability partnership, under Section 9 of the Insolvency and Bankruptcy Code, 2016, read with Rule 6 of the Insolvency and Bankruptcy (Application to Adjudicating Authority) Rules, 2016. Smart Info Solution, engaged in the business of supplying broadband cables, claimed that Airlink Teleinfra LLP was indebted to them for a total sum of Rs. 68,96,317/-, including an interest amount of Rs. 10,61,342/-, against forty invoices raised for goods supplied between 21.02.2018 and 14.08.2018. The applicant contended that despite repeated reminders, the respondent failed to clear the outstanding operational debt, leading to the issuance of a demand notice

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## Facts

Smart Info Solution, a proprietorship firm engaged in supplying broadband cables, filed an application under Section 9 of the Insolvency and Bankruptcy Code, 2016 against Airlink Teleinfra LLP. The applicant claimed that the respondent owed a total sum of Rs. 68,96,317/-, which included an interest amount of Rs. 10,61,342/-, against forty invoices raised for goods supplied between 21.02.2018 and 14.08.2018. The invoices were allegedly payable 75 days from the date of the invoice, according to the purchase orders. The applicant submitted documents including a demand notice dated 24.05.2019, delivery reports, bank statements, ledger accounts, invoices, delivery challans, and a working computation of the claim amount. The respondent, Airlink Teleinfra LLP, a limited

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## Issues and analysis

### Issue 1: Whether the application filed by the operational creditor, Smart Info Solution, under Section 9 of …

**Ratio:** The ratio is based on Section 9 of the Insolvency and Bankruptcy Code, 2016, which allows

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**Reasoning:** The Adjudicating Authority considered the documents and arguments presented by both

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**Interpretation:** The interpretation involves examining whether the operational creditor has

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**Application:** In this case, the Adjudicating Authority found that the operational creditor,

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## Parties

- **Judges:** Manorama…; Chockalingam…
- **Appellants:** Smart Info…
- **Respondents:** Airlink Teleinfra…
- **Advocates:** Vinit N…; Nandish C…

## Timeline

- **2017-01-01 — Respondent Approached…**: Airlink Teleinfra LLP approached Smart Info…
- **2018-02-21 — Supply Perio…**: Start date of the period during which Smart Info Solution supplied goods to Airlink…

## 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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