# In the matter of Amarpali Zodiac Developers Private Limited Company Petition no. (IB)- 238 (PB)-2017

> NCLT judgment dated 2018-02-16. Citation: TCN-2018-NCLT-01805. The case involves an application filed under Section 9 of the Insolvency and Bankruptcy Code,…

- **Court:** NCLT
- **Order date:** 16 Feb 2018
- **Citation:** TCN-2018-NCLT-01805
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/amarpali-zodiac-developers-private-limited-company-petition-no-ib-238-pb-2017-aadb7501

## Summary

### Background

The case involves an application filed 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, seeking the initiation of a Corporate Insolvency Resolution Process (CIRP) against Amarpali Zodiac Developers Private Limited, the respondent corporate debtor. Siddhi Interiors Private Limited, the applicant, claims to be an operational creditor, supplying readymade modular kitchen and wardrobe woodwork to the respondent. The applicant alleges that the respondent failed to make payments for the supplied goods, leading to an outstanding amount of Rs. 4,19,60,237.60/-. The respondent raised objections, claiming disputes existed prior to the application and alleging the

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## Facts

Siddhi Interiors Private Limited (the applicant) is a supplier of readymade modular kitchens and wardrobes. Amarpali Zodiac Developers Private Limited (the respondent) is a real estate developer. The respondent required the supply of fixtures for its housing project, 'Amrapali Zodiac'. The applicant claims to have supplied materials as per the respondent's requirements, raising invoices for the same. The applicant alleges that the respondent failed to make payments, leading to an accumulated outstanding amount of Rs. 4,19,60,237.60/-. The applicant stopped supplying materials in September 2015 and requested the respondent to clear pending bills. The respondent reconciled the account and acknowledged the outstanding amount. Despite this, the respondent failed to make

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## Issues and analysis

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

**Ratio:** Section 9 of the Insolvency and Bankruptcy Code, 2016, outlines the requirements for an

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**Reasoning:** The court found that the applicant had provided sufficient evidence, including invoices,

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**Interpretation:** Section 9 is interpreted to mean that if an operational creditor provides

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**Application:** In this case, the applicant provided sufficient evidence to meet the

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## Parties

- **Judges:** M. M. K…; DeepaKr…
- **Appellants:** Siddhi Interiors…
- **Respondents:** Amarpali Zodiac…
- **Advocates:** R.P Agg…; Praveen K…

## Timeline

- **2015-09-01 — Applicant stops supply…**: Siddhi Interiors Private Limited stopped supplying materials to Amarpali Zodiac…
- **2017-03-20 — Winding up noti…**: Siddhi Interiors Private Limited issued a winding-up notice to Amarpali Zodiac Developers…

## 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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