# In the matter of Capacite Structures Limited C.P. No. 888-I&BP-2019

> NCLT judgment dated 2019-08-29. Citation: TCN-2019-NCLT-01698. Amrik Singh & Sons Crane Services Private Limited filed a company petition against Capacite…

- **Court:** NCLT
- **Order date:** 29 Aug 2019
- **Citation:** TCN-2019-NCLT-01698
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/capacite-structures-limited-cp-no-888-ibp-2019-0f5b2ec9

## Summary

### Background

Amrik Singh & Sons Crane Services Private Limited filed a company petition against Capacite Structures Limited, initiating the Corporate Insolvency Resolution Process (CIRP). The petitioner alleged that the corporate debtor defaulted on a payment of Rs. 21,91,982/- on 13.06.2017. The petitioner provided equipment rental services, including cranes, to the corporate debtor under a contract from 2016-2017.

## Facts

Amrik Singh & Sons Crane Services Private Limited (the Petitioner) provided equipment rental services, including cranes, to Capacite Structures Limited (the Corporate Debtor) under a contract from 2016-2017. The Petitioner duly supplied the equipment and raised tax invoices, totaling Rs. 21,91,982/-, which the Corporate Debtor acknowledged. The Corporate Debtor defaulted on a payment of Rs. 21,91,982/- due on 13.06.2017. After repeated requests for payment, the Petitioner issued a demand notice on 05.09.2018 under Section 8 of the Insolvency & Bankruptcy Code (IBC). The Corporate Debtor did not reply to the demand notice. During the hearing on 29.08.2019, the Corporate Debtor admitted the liability and default.

## Issues and analysis

### Issue 1: Whether the application filed by the Operational Creditor is in compliance with the provisions of …

**Ratio:** Section 8 and 9 of the Insolvency & Bankruptcy Code, 2016, outline the procedure for

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**Reasoning:** The Bench was satisfied that the application filed by the Operational Creditor was in

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**Interpretation:** Section 8 requires the operational creditor to deliver a demand notice to the

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**Application:** The court applied the provisions of Section 8 and 9 to the facts of the case,

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## Parties

- **Judges:** SUCHITRAKAN…; V. Nallasen…
- **Appellants:** Amrik Singh &…
- **Respondents:** Capacite Structure…

## Timeline

- **2016-01-01 — Contract Ag…**: Corporate Debtor approached the Petitioner and entered into a contract for providing…
- **2017-06-13 — Default…**: Corporate Debtor committed default in making…

## 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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