# In the matter of Anjali Infracrete Private Limited C.P. No.(IB) 114-9-NCLT-AHM-2018

> NCLT judgment dated 2019-04-05. Citation: TCN-2019-NCLT-04120. The case pertains to an application filed by Raw Edge Industrial Solution Private Limited…

- **Court:** NCLT
- **Order date:** 5 Apr 2019
- **Citation:** TCN-2019-NCLT-04120
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/anjali-infracrete-private-limited-cp-noib-114-9-nclt-ahm-2018-0dac0df2

## Summary

### Background

The case pertains to an application filed by Raw Edge Industrial Solution Private Limited (Operational Creditor) under Section 9 of the Insolvency and Bankruptcy Code, 2016, against Anjali Infracrete Private Limited (Corporate Debtor) for an outstanding payment of Rs. 21,53,721/-. The Operational Creditor claimed to have supplied quick lime powder and transported fly ash to the Corporate Debtor between 2014 and 2017. The Corporate Debtor raised disputes regarding the quality of the supplied material, citing emails from 2018. The Operational Creditor issued a demand notice on August 29, 2017, which the Corporate Debtor allegedly did not respond to.

## Facts

Raw Edge Industrial Solution Pvt Ltd (Operational Creditor) filed an application under Section 9 of the Insolvency and Bankruptcy Code, 2016 against Anjali Infracrete Pvt Ltd (Corporate Debtor) for non-payment of dues amounting to Rs. 21,53,721. The Operational Creditor claimed to have supplied quick lime powder and transported fly ash to the Corporate Debtor between 2014 and 2017. The Corporate Debtor argued that the materials supplied were of inferior quality, causing them heavy losses. They cited emails from 2018 as evidence of these quality issues. The Operational Creditor issued a demand notice on August 29, 2017, which they claim the Corporate Debtor did not respond to. The Corporate Debtor's authorized share capital is Rs. 5,00,00,000/- and paid up share capital

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## Issues and analysis

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

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

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**Reasoning:** The Adjudicating Authority considered the documents submitted by the Operational

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**Interpretation:** Section 9 provides the mechanism for operational creditors to recover their

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**Application:** The Adjudicating Authority found that the Operational Creditor had fulfilled

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## Parties

- **Judges:** Manorama…
- **Appellants:** Raw Edge Industria…
- **Respondents:** Anjali Infracrete…

## Timeline

- **2014-01-01 — Supply of Goods and…**: The petitioner company supplied quick lime powder and transportation of fly ash through…
- **2015-08-25 — Debt Beca…**: The debt became due on…

## 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)

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