# In the matter of Ansh Energy Solutions Private Limited Company Petition (IB)No. 84-ALD-2019

> NCLT judgment dated 2021-01-21. Citation: TCN-2021-NCLT-03254. The case involves a petition filed by Insight Collaborative Logistics Private Limited, the…

- **Court:** NCLT
- **Order date:** 21 Jan 2021
- **Citation:** TCN-2021-NCLT-03254
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/ansh-energy-solutions-private-limited-company-petition-ibno-84-ald-2019-622f0300

## Summary

### Background

The case involves a petition filed by Insight Collaborative Logistics Private Limited, the operational creditor, against Ansh Energy Solutions Private Limited, the corporate debtor, under Section 9 of the Insolvency and Bankruptcy Code, 2016, read with Rule 6 of the Insolvency and Bankruptcy (Application to Adjudicating Authority) Rules, 2018. The operational creditor claimed that the corporate debtor defaulted on payments for goods supplied under two purchase orders. The corporate debtor failed to file a reply despite multiple opportunities, leading to the matter being heard ex-parte.

## Facts

Insight Collaborative Logistics Private Limited (Operational Creditor) filed a petition against Ansh Energy Solutions Private Limited (Corporate Debtor) under Section 9 of the Insolvency and Bankruptcy Code, 2016. The Corporate Debtor issued two purchase orders (AESPL/18-19/AGI/03 and AESPL/18-19/AGI/04) for the supply of Indonesian Coal-GAR. The Operational Creditor supplied the goods, raising invoices for Rs 51,71,8887/-, out of which Rs. 7,00,000/- was paid on 17.10.2018, leaving Rs. 44,71,887/- unpaid. The Operational Creditor sent a notice under Section 8 of the Insolvency and Bankruptcy Code, 2016, through speed post. The Corporate Debtor did not file a reply despite multiple opportunities and a recall application (CA No. 302/2019) was dismissed on 10.02.2020.

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## Issues and analysis

### Issue 1: Whether the application filed by the operational creditor is complete as per Section 9(5) of the IB …

**Ratio:** Section 9(5) of the IB Code stipulates the conditions for admitting an application for

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**Reasoning:** The Adjudicating Authority considered the provisions of Section 9(5) of the IB Code and

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**Interpretation:** Section 9(5) requires the Adjudicating Authority to verify the completeness of

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**Application:** The Adjudicating Authority found that the petitioner complied with the

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## Parties

- **Judges:** Rajesh Daya…
- **Appellants:** Insight Collaborat…
- **Respondents:** Ansh Energy…

## Timeline

- **2018-10-17 — Partial P…**: The Corporate Debtor made a partial payment of…
- **2018-12-22 — Letter from Corporate…**: The Corporate Debtor sent a letter…

## 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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