# 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-04111. The case involves an application filed by Raw Edge Industrial Solution Private Limited…

- **Court:** NCLT
- **Order date:** 5 Apr 2019
- **Citation:** TCN-2019-NCLT-04111
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/anjali-infracrete-private-limited-cp-noib-114-9-nclt-ahm-2018-967d7fbb

## Summary

### Background

The case involves 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 unpaid dues related to the supply of quick lime powder and transportation of fly ash. The Operational Creditor claims that the Corporate Debtor owes Rs. 21,53,721/- for supplies made between 2014 and 2017. A demand notice was issued on August 29, 2017, but the Corporate Debtor did not respond. The Corporate Debtor raised objections regarding the quality of the supplied material, claiming it was of inferior quality and caused heavy losses.

## 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 an outstanding payment of Rs. 21,53,721. The debt arose from the supply of quick lime powder and transportation of fly ash between 2014 and 2017. The Operational Creditor issued a demand notice on August 29, 2017, which the Corporate Debtor failed to respond to. The Corporate Debtor later claimed that the supplied material was of inferior quality, causing them heavy losses. However, they did not provide sufficient evidence to support this claim. The Corporate Debtor raised the quality issue only after receiving the demand notice, long after the supplies were made. The

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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 framework for operational creditors to initiate CIRP

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

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## Parties

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

## Timeline

- **2014-01-01 — Supply of…**: The Operational Creditor supplied quick lime powder and transported fly ash to the…
- **2015-08-25 — Debt Beca…**: The debt became due on…

## 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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