# In the matter of Cinda Engineering & Construction Pvt. Ltd. Company Petition No. IB-788-ND-2018

> NCLT judgment dated 2018-11-14. Citation: TCN-2018-NCLT-00339. The case involves an application filed under Section 9 of the Insolvency and Bankruptcy Code,…

- **Court:** NCLT
- **Order date:** 14 Nov 2018
- **Citation:** TCN-2018-NCLT-00339
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/cinda-engineering-construction-pvt-ltd-company-petition-no-ib-788-nd-2018-11287691

## Summary

### Background

The case involves an application filed under Section 9 of the Insolvency and Bankruptcy Code, 2016 by M/S Suntech Infra Solutions Pvt. Ltd. (Operational Creditor) against M/S Cinda Engineering & Construction Pvt. Ltd. (Corporate Debtor) to initiate the Corporate Insolvency Resolution Process (CIRP). The Operational Creditor claimed that the Corporate Debtor defaulted in paying dues for piling work and other activities at a project site in Dahej, Gujarat, based on a work order/agreement dated 06.12.2016. Despite raising various invoices and sending reminders, the Corporate Debtor failed to pay the outstanding amount of Rs. 89,89,609/- inclusive of interest.

## Facts

M/S Suntech Infra Solutions Pvt. Ltd. (Operational Creditor) filed an application under Section 9 of the Insolvency and Bankruptcy Code, 2016, against M/S Cinda Engineering & Construction Pvt. Ltd. (Corporate Debtor). The application sought to initiate the Corporate Insolvency Resolution Process (CIRP) due to unpaid operational debt. The Operational Creditor and Corporate Debtor entered into an agreement dated 06.12.2016 for piling work and other activities at a project site in Dahej, Gujarat. The Operational Creditor raised several invoices for the work done, but the Corporate Debtor failed to make payments. The total outstanding debt, including interest at 18% per annum as of 11.06.2018, amounted to Rs. 89,89,609/-. The Operational Creditor sent various requests

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## Issues and analysis

### Issue 1: Whether the application under Section 9 of the …

**Ratio:** Section 9 of the IBC outlines the requirements for an operational creditor to initiate

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**Reasoning:** The Tribunal observed that the application was complete and all necessary documents were

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**Interpretation:** Section 9 mandates that the application should contain all relevant information

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**Application:** The application filed by the Operational Creditor included the work

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## Parties

- **Judges:** DEEPTI M…
- **Appellants:** M/s Suntech Infra…
- **Respondents:** M/S CINDA…

## Timeline

- **2016-12-06 — Agreement…**: Agreement between Operational Creditor and Corporate Debtor for piling work and other…
- **2017-02-01 — Invoice…**: Invoice RA 01 issued…

## 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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