# In the matter of Anil TechnoPlus Ltd. C.P. (IB) No. 198-9-NCLT-AHM-2017

> NCLT judgment dated 2018-02-14. Citation: TCN-2018-NCLT-01829. Parshwanath Enterprise, an operational creditor, filed a petition under Section 9 of the…

- **Court:** NCLT
- **Order date:** 14 Feb 2018
- **Citation:** TCN-2018-NCLT-01829
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/anil-technoplus-ltd-cp-ib-no-198-9-nclt-ahm-2017-93b9753b

## Summary

### Background

Parshwanath Enterprise, an operational creditor, filed a petition under Section 9 of the Insolvency and Bankruptcy Code, 2016, seeking to initiate a Corporate Insolvency Resolution Process (CIRP) against Anil TechnoPlus Limited, the corporate debtor. The petitioner claimed that the corporate debtor had defaulted on payments for goods supplied. The Adjudicating Authority considered the petition and related documents to determine whether the application should be admitted.

## Facts

Parshwanath Enterprise, a partnership firm, filed a petition as an operational creditor against Anil TechnoPlus Limited, a company registered under the Companies Act, 1956. The petitioner claimed that the respondent had placed orders for various steel products and industrial valves, which the petitioner supplied as per agreed terms. The respondent was required to pay within 90 days of the invoices, but failed to do so, resulting in an outstanding amount. The petitioner issued a demand notice on 28.08.2017, which was returned unserved. Subsequent notices, including email notices, were also not responded to. The petitioner submitted copies of invoices, purchase orders, bank statements, and a certificate from HDFC Bank to demonstrate the debt and default. The petitioner's

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## Issues and analysis

### Issue 1: Whether the application for initiating Corporate Insolvency Resolution Process (CIRP) against Anil …

**Ratio:** An application for CIRP can be admitted if the operational creditor proves the existence

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**Reasoning:** The Adjudicating Authority found that the petitioner had provided sufficient evidence,

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

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**Application:** In this case, Parshwanath Enterprise provided sufficient documentation to prove

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## Parties

- **Judges:** BIKKI RAVEENDRA…; Manorama…
- **Appellants:** Parshwanath…
- **Respondents:** Anil Technoplus…

## Timeline

- **2017-08-28 — Demand Notice…**: Petitioner issued a demand notice to the corporate debtor demanding outstanding payment…
- **2017-12-04 — Petition Des…**: Petitioner filed an affidavit stating that a copy of the petition was despatched to the…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 14 — Moratorium](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-14)

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