# In the matter of Amarnath International (P) Ltd. CP (IB) No. 08-GB-2019

> NCLT judgment dated 2019-08-19. Citation: TCN-2019-NCLT-01934. The case involves an application filed by Rosewood Projects (P) Ltd., the Operational Creditor…

- **Court:** NCLT
- **Order date:** 19 Aug 2019
- **Citation:** TCN-2019-NCLT-01934
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/amarnath-international-p-ltd-cp-ib-no-08-gb-2019-58abd214

## Summary

### Background

The case involves an application filed by Rosewood Projects (P) Ltd., the Operational Creditor (OC), under Section 9 of the Insolvency & Bankruptcy Code, 2016 (IBC), to initiate Corporate Insolvency Resolution Process (CIRP) against Amarnath International Infrastructure (P) Ltd., the Corporate Debtor (CD). The OC claims that the CD owes them Rs. 8,03,573/- for spare parts and accessories of Drilltos's HDD Machine sold and delivered. The OC asserts that the goods were duly accepted without any demur or protest. The OC raised invoices on different dates, including one dated September 21, 2017, for Rs. 58,88,000/- and another dated January 15, 2018, for Rs. 7,67,000/-, totaling Rs. 66,55,000/-. The CD paid Rs. 61,92,609/- but failed to pay the remaining amount. The OC

…

## Facts

Rosewood Projects (P) Ltd. (Operational Creditor) filed an application under Section 9 of the Insolvency & Bankruptcy Code, 2016, to initiate Corporate Insolvency Resolution Process (CIRP) against Amarnath International Infrastructure (P) Ltd. (Corporate Debtor). The Operational Creditor claimed that the Corporate Debtor owed Rs. 8,03,573/- for spare parts and accessories of Drilltos's HDD Machine. The Operational Creditor stated that they supplied mining, exploration, and drilling machinery, cable accessories, conductors, and supreme quality of Drilltos's HDD Machine and Fibre Cable to the Corporate Debtor. The Operational Creditor raised invoices, including one dated September 21, 2017, for Rs. 58,88,000/- and another dated January 15, 2018, for Rs. 7,67,000/-,

…

## Issues and analysis

### Issue 1: Whether the application filed by the Operational Creditor under Section 9 of the Insolvency & …

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

…

**Reasoning:** The court reasoned that the Operational Creditor had provided sufficient evidence to

…

**Interpretation:** Section 9 of the IBC provides a mechanism for operational creditors to recover

…

**Application:** In this case, the Operational Creditor demonstrated that the Corporate Debtor

…

## Parties

- **Judges:** Hari Venkata…; Ashutosh C…
- **Appellants:** M/s. Rosewood…
- **Respondents:** M/s Amarnath…

## Timeline

- **2017-09-21 — Invoice R…**: Operational Creditor raised invoice…
- **2018-01-15 — Invoice R…**: Operational Creditor raised invoice…

## 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)

---

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/amarnath-international-p-ltd-cp-ib-no-08-gb-2019-58abd214