# In the matter of Bulland Buildtech Pvt. Ltd. (IB)-2631-ND-2019

> NCLT judgment dated 2019-11-29. Citation: TCN-2019-NCLT-00388. The case involves an application by M/s. Ultimately Infracity Pvt. Ltd., an Operational…

- **Court:** NCLT
- **Order date:** 29 Nov 2019
- **Citation:** TCN-2019-NCLT-00388
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/bulland-buildtech-pvt-ltd-ib-2631-nd-2019-a1f4ff7d

## Summary

### Background

The case involves an application by M/s. Ultimately Infracity Pvt. Ltd., an Operational Creditor, seeking to initiate the Corporate Insolvency Resolution Process (CIRP) against M/s. Bulland Buildtech Pvt. Ltd., the Corporate Debtor, due to its inability to discharge its debt. The Operational Creditor had been supplying flyash bricks to the Corporate Debtor and raised tax invoices for the same. A previous petition (IB No. 1540(ND)/2018) was withdrawn based on settlement assurances and post-dated cheques, which were later dishonored.

## Facts

M/s. Ultimately Infracity Pvt. Ltd. (Operational Creditor) filed a petition to initiate Corporate Insolvency Resolution Process (CIRP) against M/s. Bulland Buildtech Pvt. Ltd. (Corporate Debtor) due to unpaid debt. The Operational Creditor supplied flyash bricks to the Corporate Debtor and raised tax invoices. The last payment was received in February 2019, leaving an outstanding balance of Rs. 39,83,200. A previous petition (IB No. 1540(ND)/2018) was withdrawn based on settlement assurances and post-dated cheques, which were later dishonored. A demand notice dated 15.05.2019 was sent under section 8 of the Code but received no response. The Corporate Debtor did not appear in court despite being issued a notice.

## Issues and analysis

### Issue 1: Whether the petition filed by the Operational Creditor for initiation of Corporate Insolvency …

**Ratio:** The petition can be admitted if the operational debt is unpaid and the Corporate Debtor

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**Reasoning:** The court noted that the Corporate Debtor failed to appear despite notice, and the

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

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**Application:** The Corporate Debtor failed to pay the outstanding amount of Rs. 39,83,200 to

…

## Parties

- **Judges:** Ina Mal…; L. N. G…
- **Appellants:** Ultimately…
- **Respondents:** Bulland Buildtech…

## Timeline

- **2019-02-01 — Last Payment…**: The last payment received from the Corporate Debtor was in February 2019, reducing the…
- **2018-01-01 — Previous Pe…**: The Operational Creditor had earlier filed a similar petition against the Corporate…

## Legal provisions

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

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