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

> NCLT judgment dated 2018-08-10. Citation: TCN-2018-NCLT-00954. The case involves an application filed by an Operational Creditor under Section 9 of the…

- **Court:** NCLT
- **Order date:** 10 Aug 2018
- **Citation:** TCN-2018-NCLT-00954
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/apna-scientific-supplies-private-limited-cp-811-ib-cb-2018-9fb607de

## Summary

### Background

The case involves an application filed by an Operational Creditor under Section 9 of the Insolvency and Bankruptcy Code, 2016, seeking to initiate the Corporate Insolvency Resolution Process against the Corporate Debtor due to an outstanding debt.

## Facts

The Operational Creditor, M/s. Balaji Tech Industries, is engaged in fabrication-related works. The Corporate Debtor, M/s. Apna Scientific Supplies Private Limited, approached the Operational Creditor to purchase spare parts. The Operational Creditor agreed to supply the parts, and a purchase order was issued, stipulating terms including delivery and payment. Invoices for the supplied goods were also raised. The Operational Creditor claimed an outstanding debt of Rs. 2,87,500/- along with interest, due and payable as of May 4, 2018 . Correspondence between the parties, demanding the outstanding dues, is on record. On October 19, 2016 , the Corporate Debtor sent a letter requesting the Operational Creditor to wait to resolve the issue and release payments. The

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## Issues and analysis

### Issue 1: Whether the Corporate Debtor committed a default in making payment of the outstanding debt claimed …

**Ratio:** The Corporate Debtor's failure to respond to the demand notice and absence of a

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**Reasoning:** The Corporate Debtor failed to appear despite receiving notice and did not bring to the

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**Interpretation:** The court interpreted **Section 9 of the I&B Code, 2016**, to mean that if

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**Application:** Given the Corporate Debtor's non-appearance, the acknowledgment of debt through

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## Parties

- **Judges:** CH. MOHD SHARIEF…
- **Appellants:** Balaji Tech…; M/s. Balaji Tech…
- **Respondents:** Apna Scientific…; M/s. Apna…
- **Advocates:** For Operational…; R.Sathish…; +1 more

## Timeline

- **October 19, 2016 — Corporate Debtor's…**: The Corporate Debtor sent a letter to the Operational Creditor requesting time to resolve…
- **May 4, 2018 — Demand Noti…**: The Operational Creditor sent a Demand Notice under Section 8 of the I&B Code, 2016, to…

## 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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