# In the matter of Devi Infradevelopers Pvt. Ltd. CP No. (IB) 25-9-JPR-2019

> NCLT judgment dated 2019-07-31. Citation: TCN-2019-NCLT-02161. The case involves a Company Petition filed under Section 9 of the Insolvency and Bankruptcy…

- **Court:** NCLT
- **Order date:** 31 Jul 2019
- **Citation:** TCN-2019-NCLT-02161
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/devi-infradevelopers-pvt-ltd-cp-no-ib-25-9-jpr-2019-51040a4a

## Summary

### Background

The case involves a Company Petition filed under Section 9 of the Insolvency and Bankruptcy Code, 2016 (IBC, 2016) by Shyam Construction Co., the Petitioner, claiming to be an Operational Creditor against Devi Infradevelopers Pvt. Ltd., the Respondent, named as the Corporate Debtor. The Petitioner sought initiation of Corporate Insolvency Resolution Process (CIRP) against the Corporate Debtor due to non-payment of dues. The Respondent was set ex parte on 17.05.2019 as there was no representation from them.

## Facts

Shyam Construction Co. filed a Company Petition under Section 9 of the IBC, 2016, against Devi Infradevelopers Pvt. Ltd., seeking initiation of CIRP. Shyam Construction Co. claimed to be an Operational Creditor, while Devi Infradevelopers Pvt. Ltd. was the Corporate Debtor. The petition was based on the non-payment of dues for the supply of civil construction materials, evidenced by Invoice No. SHY/2017-18/26 dated 04.01.2018. The total claim amounted to Rs. 3,35,816/- plus interest of Rs. 75,517/- as of 20.12.2018. Devi Infradevelopers Pvt. Ltd. defaulted in making the balance payment. A Section 8 notice was issued by Shyam Construction Co. and received by Devi Infradevelopers Pvt. Ltd., but the payment was not made. Devi Infradevelopers Pvt. Ltd. was set ex parte on

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## Issues and analysis

### Issue 1: Whether the Corporate Debtor, Devi Infradevelopers Pvt. Ltd., defaulted in making payment of the …

**Ratio:** Section 9 of the IBC, 2016 allows an Operational Creditor to initiate CIRP against a

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**Reasoning:** The Tribunal observed that the Respondent (Corporate Debtor) defaulted in making the

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**Interpretation:** Section 9 of the IBC, 2016 is interpreted to mean that if an operational debt

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**Application:** In this case, the Corporate Debtor defaulted on the payment, a Section 8 notice

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## Parties

- **Judges:** POONDLA BHASKARA…; SH. RAGHU…
- **Appellants:** Shyam Construction…
- **Respondents:** Devi Infradevelope…

## Timeline

- **2017-01-01 — Invoice…**: Invoice No. SHY/2017-18/26 for supply…
- **2018-01-04 — Invoice…**: Date of Invoice No. SHY/2017-18/26 for supply of civil construction materials to the…

## 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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