# In the matter of Alaska Fabtech Pvt. Ltd.  CP (IB) No. 347-Chd-Pb-2019

> NCLT judgment dated 2021-12-22. Citation: TCN-2021-NCLT-00073. The case involves an application filed under Section 9 of the Insolvency and Bankruptcy Code,…

- **Court:** NCLT
- **Order date:** 22 Dec 2021
- **Citation:** TCN-2021-NCLT-00073
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/alaska-fabtech-pvt-ltd-cp-ib-no-347-chd-pb-2019-71f17f7b

## Summary

### Background

The case involves an application filed under Section 9 of the Insolvency and Bankruptcy Code, 2016 by M/s R.K. Satyam Dyes & Chemicals, an operational creditor, against M/s Alaska Fabtech Pvt. Ltd., the corporate debtor, to initiate the Corporate Insolvency Resolution Process (CIRP). The operational creditor claimed that the corporate debtor defaulted in paying an outstanding amount of Rs. 1,88,150/- for goods supplied. The petitioner issued a demand notice dated 02.05.2019 under Section 8 of the IBC, which was duly served to the corporate debtor. Despite several opportunities, the corporate debtor neither appeared nor filed any reply. The matter was heard ex parte.

## Facts

M/s R.K. Satyam Dyes & Chemicals, an operational creditor, filed a petition under Section 9 of the Insolvency and Bankruptcy Code, 2016, against M/s Alaska Fabtech Pvt. Ltd., the corporate debtor. The operational creditor claimed that the corporate debtor defaulted in paying a principal amount of Rs. 1,88,150/- for chemicals and dyes supplied, based on an invoice dated 24.08.2017. A demand notice was issued on 02.05.2019 under Section 8 of the IBC. The notice was sent via speed post and email. The corporate debtor did not raise any dispute or make any payment. The petition was filed on 06.06.2019. The registered office of the corporate debtor is in Bathinda, Punjab. The corporate debtor failed to appear or file a reply despite several opportunities. The petitioner

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## Issues and analysis

### Issue 1: Whether the application under Section 9 of the Insolvency and Bankruptcy Code, 2016 is complete and …

**Ratio:** Section 9(5) of the IBC, 2016 states that the Adjudicating Authority may admit the

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**Reasoning:** The court observed that the petition preferred by the Operational Creditor is complete in

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**Interpretation:** Section 9 of the IBC allows an operational creditor to initiate CIRP against a

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**Application:** The court found that the application was complete, the debt was due, and there

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## Parties

- **Judges:** Harnam Singh…; SUBRATA KUM…
- **Appellants:** M/s R.K. Satyam…
- **Respondents:** M/s Alaska…

## Timeline

- **2017-08-24 — Invoice…**: Invoice raised on the…
- **2019-05-02 — Demand N…**: Demand notice issued to the corporate…

## 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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