# In the matter of B S Techno Construct Private Limited Company Petition (IB)No.108-ALD-2018

> NCLT judgment dated 2018-07-25. Citation: TCN-2018-NCLT-01074. M/s Ashtech Buildpro India Private Limited filed a petition under Section 9 of the Insolvency…

- **Court:** NCLT
- **Order date:** 25 Jul 2018
- **Citation:** TCN-2018-NCLT-01074
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/b-s-techno-construct-private-limited-company-petition-ibno108-ald-2018-bc874083

## Summary

### Background

M/s Ashtech Buildpro India Private Limited filed a petition under Section 9 of the Insolvency and Bankruptcy Code, 2016, against M/s B S Techno Construct Private Limited, alleging default in payment for goods supplied. The Operational Creditor claimed a total amount of Rs. 4,42,046, including principal and interest. The Corporate Debtor contested the claim, stating that only Rs. 32,748 was due and raising technical objections regarding the delivery of the demand notice and email communication.

## Facts

M/s Ashtech Buildpro India Private Limited (Operational Creditor) claimed that M/s B S Techno Construct Private Limited (Corporate Debtor) defaulted on payments for fly ash bricks supplied. The total claim was Rs. 4,42,046, including Rs. 3,34,255 as principal and Rs. 1,07,791 as interest at 21%. The Operational Creditor submitted a demand notice dated 06.11.2017. The Corporate Debtor argued that only Rs. 32,748 was outstanding and raised objections about the demand notice delivery, claiming it was not delivered to the correct email address as per the MCA portal. The Corporate Debtor acknowledged making payments totaling Rs. 3,02,002. The Operational Creditor contended that the Corporate Debtor never raised objections about the quality or necessity of the material until

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## Issues and analysis

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

**Ratio:** Section 9 of the IBC outlines the procedure for an operational creditor to initiate CIRP,

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**Reasoning:** The court found that the Operational Creditor had served a demand notice and provided

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**Interpretation:** Section 9 is interpreted to require the operational creditor to demonstrate a

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

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## Parties

- **Judges:** SH. V.P.…; Ms Saroj R…
- **Appellants:** M/s Ashtech…
- **Respondents:** M/s B S Techno…

## Timeline

- **2008-08-28 — Incorporation of…**: M/s B S Techno Construct…
- **2017-05-30 — Authorization…**: Authorization letter for Mr. Harshit Kumar 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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