# In the matter of Angel Infrarealcon Pvt. Ltd. CP No. 1086-2017

> NCLT judgment dated 2017-08-08. Citation: TCN-2017-NCLT-00650. Capri Bathaid Private Limited filed a petition against Angel Infrarealcon Private Limited under…

- **Court:** NCLT
- **Order date:** 8 Aug 2017
- **Citation:** TCN-2017-NCLT-00650
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/angel-infrarealcon-pvt-ltd-cp-no-1086-2017-4d5b5846

## Summary

### Background

Capri Bathaid Private Limited filed a petition against Angel Infrarealcon Private Limited under Section 9 of the Insolvency and Bankruptcy Code, 2016, claiming to be an Operational Creditor. The petition was initially filed before the Delhi High Court under Section 433(e), 434 & 439 of the Companies Act, 1956, but was later transferred to the National Company Law Tribunal (NCLT) following a notification from the Ministry of Corporate Affairs. The claim arose from a decree passed in a suit filed under Order XXXVII of the Civil Procedure Code, related to the supply of sanitary hardware and water supply pumps by Capri Bathaid to Angel Infrarealcon. The respondent had issued three cheques to discharge its liability, which were dishonored.

## Facts

Capri Bathaid Private Limited (the petitioner) claimed to be an Operational Creditor of Angel Infrarealcon Private Limited (the respondent/corporate debtor). The petitioner filed a petition under Section 9 of the Insolvency and Bankruptcy Code, 2016. The petitioner's claim was based on a decree obtained in a suit filed under Order XXXVII of the Civil Procedure Code. The suit was related to the supply of sanitary hardware and water supply pumps by the petitioner to the respondent. The respondent had issued three cheques totaling Rs. 12,17,954/- to discharge its liability, but the cheques were dishonored due to 'funds insufficient'. The petitioner had previously filed a petition under Section 433(e), 434 & 439 of the Companies Act, 1956, which was later transferred

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## Issues and analysis

### Issue 1: Whether the petition filed by the operational creditor is maintainable under Section 9 of the …

**Ratio:** A petition under Section 9 of the IBC is maintainable if there is an operational debt, a

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**Reasoning:** The court reasoned that the petitioner had demonstrated the existence of an operational

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

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**Application:** In this case, the petitioner, Capri Bathaid Private Limited, had supplied goods

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## Parties

- **Judges:** M. M. K…; Deepa Kr…; +1 more
- **Appellants:** Capri Bathaid…
- **Respondents:** Angel Infrarealcon…

## Timeline

- **2013-02-08 — Incorporation of…**: Angel Infrarealcon Private…
- **2013-09-02 — Invoice Perio…**: Start date of the invoices…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 3(12) — Definitions](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-3)

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