# In the matter of Apna Scientific Supplies Private Limited CP-811-(IB)-CB-2018

> NCLT judgment dated 2018-08-10. Citation: TCN-2018-NCLT-00950. The case involves an application filed by Balaji Tech Industries, the Operational Creditor,…

- **Court:** NCLT
- **Order date:** 10 Aug 2018
- **Citation:** TCN-2018-NCLT-00950
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/apna-scientific-supplies-private-limited-cp-811-ib-cb-2018-9501677a

## Summary

### Background

The case involves an application filed by Balaji Tech Industries, the Operational Creditor, under Section 9 of the Insolvency and Bankruptcy Code, 2016, r/w Rule 6 of the Insolvency and Bankruptcy (Application to Adjudicating Authority) Rules, 2016, to initiate the Corporate Insolvency Resolution Process against Apna Scientific Supplies Private Limited, the Corporate Debtor. The Operational Creditor claimed an outstanding debt of Rs. 2,87,500/- along with interest due and payable as of 04.05.2018. The Corporate Debtor had approached the Operational Creditor for purchasing spare parts, which the Operational Creditor agreed to supply. Despite sending a demand notice under Section 8 of the I&B Code and subsequent correspondence, the Corporate Debtor failed to make the

…

## Facts

Balaji Tech Industries (Operational Creditor) filed an application under Section 9 of the Insolvency and Bankruptcy Code, 2016, against Apna Scientific Supplies Private Limited (Corporate Debtor) for an outstanding debt of Rs. 2,87,500/- plus interest, payable as of 04.05.2018. The Operational Creditor is engaged in fabrication works and was approached by the Corporate Debtor to purchase spare parts. The Operational Creditor supplied the spare parts. A purchase order stipulated the terms, including delivery and payment. The Operational Creditor raised invoices. Correspondence shows the Operational Creditor demanded outstanding dues. On 19.10.2016, the Corporate Debtor requested the Operational Creditor to wait for some time to solve the issue and release payments. A

…

## Issues and analysis

### Issue 1: Whether the Operational Creditor has complied with the requirements of Section 9 of the Insolvency …

**Ratio:** Section 9(3)(b) & (c) of the I&B Code, 2016, requires the Operational Creditor to

…

**Reasoning:** The court relied on the affidavit filed by the Operational Creditor, which stated that

…

**Interpretation:** Section 9 of the I&B Code outlines the procedure for initiating the

…

**Application:** The Operational Creditor filed an affidavit stating that the Corporate Debtor

…

## Parties

- **Judges:** Ch. Mohd Sharief…
- **Appellants:** Balaji Tech…
- **Respondents:** Apna Scientific…

## Timeline

- **2018-05-04 — Debt Due…**: Outstanding debt of Rs. 2,87,500/-…
- **2018-05-04 — Demand N…**: Operational Creditor sent a Demand Notice…

## 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)

---

This is a preview. The full structured summary, issues, precedents and source judgment are available on CaseEase - Legal Intelligence Simplified: https://caseease.in/cases/ibc/nclt-chandigarh/apna-scientific-supplies-private-limited-cp-811-ib-cb-2018-9501677a