# In the matter of Cogent Engineers Private Limited CP(IB)No.3861-NCLT-MB-2018

> NCLT judgment dated 2019-08-30. Citation: TCN-2019-NCLT-01676. The case involves a petition filed by Rushas Engineering Company Private Limited, the…

- **Court:** NCLT
- **Order date:** 30 Aug 2019
- **Citation:** TCN-2019-NCLT-01676
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/cogent-engineers-private-limited-cpibno3861-nclt-mb-2018-77710a52

## Summary

### Background

The case involves a petition filed by Rushas Engineering Company Private Limited, the Operational Creditor, against Cogent Engineers Private Limited, the Corporate Debtor, under Section 9 of the Insolvency & Bankruptcy Code, 2016, for initiating Corporate Insolvency Resolution Process (CIRP). The Operational Creditor claimed a total default of ₹36,32,003 as of 06.10.2017, stating that they supplied casting materials to the Corporate Debtor from 14.03.2013 to 06.09.2017 as per purchase orders. The Corporate Debtor allegedly failed to pay the due amount despite being satisfied with the goods.

## Facts

Rushas Engineering Company Private Limited (Operational Creditor) filed a petition against Cogent Engineers Private Limited (Corporate Debtor) under Section 9 of the Insolvency & Bankruptcy Code, 2016, seeking to initiate Corporate Insolvency Resolution Process (CIRP). The Operational Creditor claimed a default of ₹36,32,003 as of 06.10.2017, arising from the supply of casting materials between 14.03.2013 and 06.09.2017. The Corporate Debtor allegedly failed to pay the due amount despite satisfaction with the goods. Reminder letters were sent by the Operational Creditor. The Corporate Debtor acknowledged a liability of ₹16,36,744 in its ledger account. The last payment made by the Corporate Debtor was on 01.09.2017. The Corporate Debtor failed to appear before the

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## Issues and analysis

### Issue 1: Whether the petition filed by the Operational Creditor under Section 9 of the I&B Code, 2016 is …

**Ratio:** Section 9 of the I&B Code, 2016, allows an operational creditor to initiate CIRP

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**Reasoning:** The court found that the petition was complete and filed in the proper form. The

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**Interpretation:** Section 9 of the I&B Code is interpreted to mean that if an operational

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**Application:** In this case, the Operational Creditor provided sufficient evidence of the debt

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## Parties

- **Judges:** V. P. S…; Mr Rajesh…
- **Appellants:** Rushas Engineering…
- **Respondents:** Cogent Engineers…

## Timeline

- **2013-03-14 — Supply of Materials…**: The Petitioner started supplying casting…
- **2017-09-06 — Supply of Mater…**: The Petitioner stopped supplying casting…

## 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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