# In the matter of Bluewheel Infrastructure Private Limited IA No.96 of 2021 in CP (IB) No. 284-9-HDB-2020

> NCLT judgment dated 2021-06-18. Citation: TCN-2021-NCLT-01954. Growingleaf Agrotrade Private Limited filed a Company Application under Section 9 of the…

- **Court:** NCLT
- **Order date:** 18 Jun 2021
- **Citation:** TCN-2021-NCLT-01954
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/bluewheel-infrastructure-private-limited-ia-no96-of-2021-in-cp-ib-no-284-9-hdb-2-604647a5

## Summary

### Background

Growingleaf Agrotrade Private Limited filed a Company Application under Section 9 of the Insolvency and Bankruptcy Code, 2016, seeking initiation of Corporate Insolvency Resolution Process (CIRP) against Bluewheel Infrastructures Private Limited. The application was based on an agreement where Bluewheel Infrastructures was to provide sketches and drawings for a new plant, for which Growingleaf Agrotrade had paid an advance. Growingleaf Agrotrade claimed that Bluewheel Infrastructures failed to provide satisfactory drawings despite receiving an advance payment.

## Facts

Growingleaf Agrotrade 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 Bluewheel Infrastructures Private Limited (Corporate Debtor). Growingleaf Agrotrade and Bluewheel Infrastructures entered into an agreement in 2018 where Bluewheel Infrastructures was to provide sketches and drawings for Growingleaf Agrotrade's proposed new plant. Growingleaf Agrotrade paid an advance of Rs.34,43,000/- on 2018-09-10 and Rs.1,12,24,490/- on 2018-09-11 to Bluewheel Infrastructures. As per the agreement, Bluewheel Infrastructures was obligated to provide satisfactory drawings within 30 days. Growingleaf Agrotrade claimed that Bluewheel

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## Issues and analysis

### Issue 1: Whether the Operational Creditor, Growingleaf Agrotrade Private Limited, has established that a …

**Ratio:** The legal principle applied is that under Section 9 of the Insolvency and Bankruptcy

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**Reasoning:** The Adjudicating Authority reasoned that the Operational Creditor had presented

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**Interpretation:** The interpretation of Section 9 of the IB Code, 2016, is that it provides a

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**Application:** In this case, the Adjudicating Authority applied the principle of Section 9 to

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## Parties

- **Judges:** Madan B.…; Veera Brahma Rao…
- **Appellants:** Growingleaf…
- **Respondents:** Bluewheel…
- **Advocates:** Mayur M…; Vikram C Pu…

## Timeline

- **2018-09-10 — Advance P…**: Operational Creditor paid an advance amount…
- **2018-09-11 — Advance P…**: Operational Creditor paid an advance amount…

## 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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