# In the matter of Arrdy Engineering Innovations Private Limited CP (IB) No. 31-9-AMR-2020

> NCLT judgment dated 2021-11-15. Citation: TCN-2021-NCLT-00506. The case involves an application filed by Janakee Industrial Products Private Limited…

- **Court:** NCLT
- **Order date:** 15 Nov 2021
- **Citation:** TCN-2021-NCLT-00506
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/arrdy-engineering-innovations-private-limited-cp-ib-no-31-9-amr-2020-931a3747

## Summary

### Background

The case involves an application filed by Janakee Industrial Products Private Limited (Operational Creditor) under Section 9 of the Insolvency and Bankruptcy Code, 2016, seeking initiation of Corporate Insolvency Resolution Process (CIRP) against Arrdy Engineering Innovations Private Limited (Corporate Debtor). The Operational Creditor claims that the Corporate Debtor defaulted in making payment of Rs. 17,21,565 towards invoices raised for goods supplied. The Operational Creditor issued a demand notice, to which the Corporate Debtor responded with a vague reply denying the claim.

## Facts

Janakee Industrial Products Private Limited (Operational Creditor) filed an application under Section 9 of the Insolvency and Bankruptcy Code, 2016, seeking initiation of Corporate Insolvency Resolution Process (CIRP) against Arrdy Engineering Innovations Private Limited (Corporate Debtor). The Operational Creditor claimed that the Corporate Debtor defaulted in making payment of Rs. 17,21,565 towards invoices raised for goods supplied. The Operational Creditor sent an email dated 03.01.2021 requesting the Corporate Debtor to issue pending C forms. The Operational Creditor issued a demand notice dated 26.07.2019 to the Corporate Debtor. The Corporate Debtor issued a vague reply letter dated 09.09.2019 denying the claim. The Corporate Debtor did not respond to the demand

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## Issues and analysis

### Issue 1: Whether the Corporate Debtor committed a default in making payment of Rs. 17,21,565 to the …

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

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**Reasoning:** The court noted that the Operational Creditor submitted that the Corporate Debtor

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**Interpretation:** Section 9 of the IBC provides a mechanism for operational creditors to recover

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**Application:** The Corporate Debtor's failure to pay the outstanding amount and its lack of

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## Parties

- **Judges:** TELAPROLU…
- **Appellants:** Janakee Industrial…
- **Respondents:** Arrdy Engineering…; Arrdy Engineering…

## Timeline

- **2019-07-26 — Demand Notice…**: The Operational Creditor issued a…
- **2019-09-09 — Reply to Deman…**: The Corporate Debtor issued a vague reply letter denying the claim of the Operational…

## 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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