# In the matter of Collyer Container Terminal Pvt. Ltd. CP (IB) No.544-9-NCLT-AHM-2018

> NCLT judgment dated 2019-05-30. Citation: TCN-2019-NCLT-03143. The case originates from an application filed under Section 9 of the Insolvency and Bankruptcy…

- **Court:** NCLT
- **Order date:** 30 May 2019
- **Citation:** TCN-2019-NCLT-03143
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/collyer-container-terminal-pvt-ltd-cp-ib-no544-9-nclt-ahm-2018-bc615a58

## Summary

### Background

The case originates from an application filed under Section 9 of the Insolvency and Bankruptcy Code, 2016, by Narshibhai B. Hadiya, an operational creditor, seeking to initiate the Corporate Insolvency Resolution Process (CIRP) against Collyer Container Terminal Pvt. Ltd., the corporate debtor. The operational creditor claimed an amount of Rs. 15,99,224/- due from the corporate debtor for construction work undertaken. Despite repeated requests and demand notices, the corporate debtor failed to make the payment or raise any dispute regarding the debt.

## Facts

Narshibhai B. Hadiya, an operational creditor and civil contractor, filed an application under Section 9 of the Insolvency and Bankruptcy Code, 2016, against Collyer Container Terminal Pvt. Ltd., a corporate debtor. The corporate debtor had engaged the operational creditor for the construction of an office building in its factory premises. The construction work was completed on April 30, 2018, and the operational creditor raised an invoice for Rs. 15,99,224/- on April 5, 2018. The corporate debtor failed to pay the amount despite repeated requests and demand notices issued by the operational creditor. The operational creditor issued a demand notice on September 1, 2018, as per Form 3 of the IBC. The corporate debtor did not make any payment or issue any notice of

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## Issues and analysis

### Issue 1: Whether the application filed by the operational creditor under Section 9 of the Insolvency and …

**Ratio:** Section 9 of the Insolvency and Bankruptcy Code, 2016, allows an operational creditor to

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**Reasoning:** The Adjudicating Authority found that the operational creditor had provided sufficient

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**Interpretation:** Section 9 of the IBC provides a mechanism for operational creditors to recover

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**Application:** The Adjudicating Authority applied Section 9 of the IBC to the facts of the

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## Parties

- **Judges:** Harihar Prakash…; Manorama…
- **Appellants:** Narshibhai B.…
- **Respondents:** Collyer Containers…
- **Advocates:** Mr.Vaibhav…; Juhi Na…

## Timeline

- **2018-03-01 — Construction Work…**: Construction work on the office building in the factory premises was undertaken by the…
- **2018-04-30 — Construction Work…**: Construction work on the office building…

## 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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