# In the matter of Bansal Infracon Private Limited CP(IB) No. 383-9-NCLT-AHM-2019

> NCLT judgment dated 2021-11-29. Citation: TCN-2021-NCLT-00366. The case pertains to an application filed by Kanada Hiren Mahendrabhai, an operational…

- **Court:** NCLT
- **Order date:** 29 Nov 2021
- **Citation:** TCN-2021-NCLT-00366
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/bansal-infracon-private-limited-cpib-no-383-9-nclt-ahm-2019-bdee30e9

## Summary

### Background

The case pertains to an application filed by Kanada Hiren Mahendrabhai, an operational creditor, under Section 9 of the Insolvency and Bankruptcy Code (IBC), 2016, seeking initiation of the Corporate Insolvency Resolution Process (CIRP) against Bansal Infracon Private Limited, the corporate debtor. The operational creditor claimed a debt of Rs. 8,20,000/- due to the supply of unskilled labor for ship breaking activities. The date of default was 02.10.2018.

## Facts

Kanada Hiren Mahendrabhai, operating as Kanada Hirenkumar M., is an operational creditor involved in supplying unskilled labor for ship breaking activities. Bansal Infracon Private Limited is the corporate debtor. An oral agreement was allegedly entered into on 01.06.2018 for the supply of labor between 01.06.2018 and 01.03.2019. The operational creditor raised invoices amounting to Rs. 8,20,000/- for services provided between 01.06.2018 and 31.01.2019. A demand notice under Section 8(1) of the IBC, 2016, was sent on 20.03.2019, which was delivered to the corporate debtor, but no payment or reply was received. The corporate debtor admitted to facing financial difficulties and being unable to make timely payments. The date of default is 02.10.2018.

## Issues and analysis

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

**Ratio:** Section 9 of the IBC, 2016, allows an operational creditor to initiate CIRP against a

…

**Reasoning:** The Adjudicating Authority considered the submissions and evidence presented by the

…

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

…

**Application:** The Adjudicating Authority found that the Operational Creditor had established

…

## Parties

- **Judges:** Madan B.…; Ajai Das Me…
- **Appellants:** Kanada Hiren…
- **Respondents:** Bansal Infracon…; Bansal Infracon…

## Timeline

- **2018-06-01 — Oral Agre…**: Alleged oral agreement between the Operational Creditor and Corporate Debtor for the…
- **2018-06-01 — Service P…**: Period during which services were provided by the Operational Creditor to the Corporate…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 8(1) — Insolvency resolution by operational creditor](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-8)

---

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/bansal-infracon-private-limited-cpib-no-383-9-nclt-ahm-2019-bdee30e9