# In the matter of Anjana Strong Doors Pvt. Ltd. IB-1800-(ND)-2019

> NCLT judgment dated 2019-12-13. Citation: TCN-2019-NCLT-00196. M/s Lesso Buildtech Pvt. Ltd. filed an application under Section 9 of the Insolvency and…

- **Court:** NCLT
- **Order date:** 13 Dec 2019
- **Citation:** TCN-2019-NCLT-00196
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/anjana-strong-doors-pvt-ltd-ib-1800-nd-2019-7168c9a4

## Summary

### Background

M/s Lesso Buildtech Pvt. Ltd. filed an application under Section 9 of the Insolvency and Bankruptcy Code, 2016, seeking to initiate Corporate Insolvency Resolution Process (CIRP) against M/s Anjana Strong Doors Private Ltd. The application was based on the alleged default by the respondent in making payments for the supply of building materials. The applicant claimed that the respondent failed to make payments amounting to Rs. 9,32,776/-, including interest, despite receiving the supplied materials.

## Facts

M/s Lesso Buildtech Pvt. Ltd. (the Applicant) is engaged in trading building materials. M/s Anjana Strong Doors Pvt. Ltd. (the Respondent) is in the construction business. The Respondent approached the Applicant to supply building materials to its branch office in Gurgaon. The Applicant supplied materials and raised tax invoices from March 8, 2017, to June 9, 2017. The Applicant intimated the Respondent about payments due and was assured of timely payments. However, the Respondent failed to make timely payments despite receiving the materials. The Applicant sent emails in January and March 2019 to remind the Respondent of the outstanding payments. The Respondent issued two cheques in February and March 2019, which were dishonored. The Applicant sent a demand notice on

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## Issues and analysis

### Issue 1: Whether the Applicant, M/s Lesso Buildtech Pvt. Ltd., has established the existence of debt and …

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

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**Reasoning:** The Tribunal considered the documents filed by the Applicant, including invoices, demand

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**Interpretation:** The legal issue revolves around whether the Applicant has provided sufficient

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**Application:** The Applicant provided invoices and a ledger account statement showing an

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## Parties

- **Judges:** ABNI RANJAN KUMAR…; V.K. SUB…
- **Appellants:** M/s LESSO…
- **Respondents:** M/s. Anjana…

## Timeline

- **2017-03-08 — Invoice Perio…**: Applicant started raising tax invoices…
- **2017-06-09 — Invoice Per…**: Applicant continued raising tax invoices for…

## 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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