# In the matter of DSTR Infrastructres & Projects LLP Company Petition No. IB-1584-ND-2019

> NCLT judgment dated 2020-01-06. Citation: TCN-2020-NCLT-02491. Eco Drilling Fluids Private Limited filed an application under Section 9 of the Insolvency and…

- **Court:** NCLT
- **Order date:** 6 Jan 2020
- **Citation:** TCN-2020-NCLT-02491
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/dstr-infrastructres-projects-llp-company-petition-no-ib-1584-nd-2019-5c86eea4

## Summary

### Background

Eco Drilling Fluids Private Limited filed an application under Section 9 of the Insolvency and Bankruptcy Code, 2016, to initiate the Corporate Insolvency Resolution Process (CIRP) against DSTR Infrastructures & Projects LLP, claiming unpaid dues for the supply of polymers. The applicant contended that invoices from 19.01.2018 to 28.05.2018 were outstanding, totaling Rs 19,29,513/-, which along with interest amounted to Rs 24,44,289/-. The corporate debtor allegedly failed to make payments despite repeated reminders and assurances. The applicant argued that the corporate debtor's registered office is in Delhi, giving the tribunal jurisdiction.

## Facts

Eco Drilling Fluids Private Limited (the applicant/operational creditor) filed an application under Section 9 of the Insolvency and Bankruptcy Code, 2016, to initiate the Corporate Insolvency Resolution Process (CIRP) against DSTR Infrastructures & Projects LLP (the respondent/corporate debtor). The applicant claimed that the corporate debtor had defaulted on payments for the supply of polymers. The applicant stated that invoices from 19.01.2018 to 28.05.2018 were outstanding, totaling Rs 19,29,513/-, and that the total claim, including interest, amounted to Rs 24,44,289/- as of 20.05.2019. The applicant sent emails to the corporate debtor from 09.02.2018 to 29.10.2018 requesting payment. The corporate debtor replied to a demand notice dated 21.05.2019 via email on

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## Issues and analysis

### Issue 1: Whether the application under Section 9 of the Insolvency and Bankruptcy Code, 2016, is complete …

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

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**Reasoning:** The tribunal found that the applicant had provided sufficient evidence to demonstrate the

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**Interpretation:** Section 9 of the IBC is interpreted to require the operational creditor to

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**Application:** The tribunal applied the provisions of Section 9 to the facts of the case and

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## Parties

- **Judges:** DEEPTI M…; Sh. Hemant Kumar…
- **Appellants:** ECO DRILLING…
- **Respondents:** DSTR INFRASTRUCTUR…
- **Advocates:** Shardha A…; Mukesh…; +2 more

## Timeline

- **2016-01-01 — Enactment…**: The Insolvency and…
- **2016-04-30 — Incorporation of…**: Eco Drilling Fluids Private Limited was…

## 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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