# In the matter of B & C Energy Infra Limited CP (I) No. 469 of 2019

> NCLT judgment dated 2022-01-03. Citation: TCN-2022-NCLT-04562. The application was filed under Section 9 of the Insolvency & Bankruptcy Code, 2016 by Creative…

- **Court:** NCLT
- **Order date:** 3 Jan 2022
- **Citation:** TCN-2022-NCLT-04562
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/b-c-energy-infra-limited-cp-i-no-469-of-2019-1a4356f4

## Summary

### Background

The application was filed under Section 9 of the Insolvency & Bankruptcy Code, 2016 by Creative Engineers and Services Private Limited (Operational Creditor) to initiate the Corporate Insolvency Resolution Process (CIRP) against B & C Energy Infra Limited (Corporate Debtor) for a default amount of Rs. 7,34,716. The Operational Creditor sold an 11kv breaker panel to the Corporate Debtor on 30.11.2016 and raised an invoice of Rs. 9,46,690, out of which the Corporate Debtor paid Rs. 3,00,000 in advance. The Corporate Debtor issued a letter dated 08.12.2016 regarding mismatch of material. The Operational Creditor issued a demand notice on 26.02.2019 under Section 8(1) of IBC, 2016. The Corporate Debtor stated that there was a pre-existing dispute regarding mismatch

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## Facts

Creative Engineers and Services Private Limited (Operational Creditor) filed an application under Section 9 of the Insolvency and Bankruptcy Code, 2016, to initiate Corporate Insolvency Resolution Process (CIRP) against B & C Energy Infra Limited (Corporate Debtor). The claim arose from the sale of an 11kv breaker panel of 400 Amps by the Operational Creditor to the Corporate Debtor on 30.11.2016, for which an invoice of Rs. 9,46,690 was raised. The Corporate Debtor paid Rs. 3,00,000 in advance. The Corporate Debtor issued a letter dated 08.12.2016, alleging a mismatch of material. The Operational Creditor issued a demand notice on 26.02.2019. The Corporate Debtor claimed a pre-existing dispute in a reply dated 12.03.2020, while the Operational Creditor alleged

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## Issues and analysis

### Issue 1: Whether the application under Section 9 of the Insolvency and Bankruptcy Code, 2016, for initiating …

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

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**Reasoning:** The court examined the application and found it to be defect-free and in compliance with

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**Interpretation:** Section 9 provides the mechanism for operational creditors to trigger the

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**Application:** The court applied the provisions of Section 9 to the facts of the case, finding

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## Parties

- **Judges:** Madan B.…; Ajai Das Me…
- **Appellants:** Creative Engineers…
- **Respondents:** B & C Energy…; B & C Energy…

## Timeline

- **2016-11-30 — Sale of Break…**: Operational Creditor sold 11kv breaker…
- **2016-11-30 — Invoice R…**: Operational Creditor raised…

## 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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