# In the matter of Bevcon Wayors Private Limited CP (IB) No. 219-9-HDB-2018

> NCLT judgment dated 2019-10-18. Citation: TCN-2019-NCLT-00921. The case involves a petition filed by Avishkar Industries (P) Ltd, the Operational Creditor,…

- **Court:** NCLT
- **Order date:** 18 Oct 2019
- **Citation:** TCN-2019-NCLT-00921
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/bevcon-wayors-private-limited-cp-ib-no-219-9-hdb-2018-69f12d4d

## Summary

### Background

The case involves a petition filed by Avishkar Industries (P) Ltd, the Operational Creditor, against Bevcon Wayors Private Limited, the Corporate Debtor, for defaulting on a payment of Rs. 1,84,84,210/-. The Operational Creditor claims that the Corporate Debtor failed to make the balance payment due after supplying conveyor structures and related materials based on purchase orders. The Corporate Debtor disputes the claim, alleging defective goods and raising debit notes. The Operational Creditor contends that the Corporate Debtor never raised these issues before the demand notice and that the debit notes are not part of the debt claimed in the demand notice.

## Facts

Avishkar Industries (P) Ltd, the Operational Creditor, filed a petition against Bevcon Wayors Private Limited, the Corporate Debtor, claiming a default of Rs. 1,84,84,210/-. The Operational Creditor supplied conveyor structures and related materials to the Corporate Debtor based on purchase orders placed between 2015 and 2016. The payment terms were 90 to 100 days from the date of receipt of material. The Operational Creditor raised invoices, and the Corporate Debtor confirmed the delivery of materials. The Corporate Debtor paid Rs. 2,46,87,742/- but failed to pay the balance amount. The Operational Creditor issued a demand notice on 02.02.2018, which was served on the Corporate Debtor on 05.02.2018. The Corporate Debtor replied on 27.02.2018, alleging defective goods

…

## Issues and analysis

### Issue 1: Whether the Corporate Debtor defaulted in repaying the …

**Ratio:** Section 9 of the Insolvency and Bankruptcy Code (IBC), 2016 allows an operational

…

**Reasoning:** The court found that the Operational Creditor had established that the Corporate Debtor

…

**Interpretation:** The court interpreted Section 9 of the IBC to mean that if an operational debt

…

**Application:** The court applied the ratio to the facts of the case, noting that the

…

## Parties

- **Judges:** Ratakonda…; Narender Kumar…
- **Appellants:** Avishkar Industrie…
- **Respondents:** Bevcon Wayors…
- **Advocates:** D. Srin…; V. Appa…; +2 more

## Timeline

- **2015-09-11 — Purchase Order…**: Corporate Debtor placed purchase…
- **2016-05-25 — Purchase Order…**: Corporate Debtor placed purchase…

## 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)

---

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/bevcon-wayors-private-limited-cp-ib-no-219-9-hdb-2018-69f12d4d