# In the matter of EAP Infrastructure Private Limited IBA-1064-2019

> NCLT judgment dated 2021-09-02. Citation: TCN-2021-NCLT-01204. The case involves an application filed under Section 9 of the Insolvency and Bankruptcy Code,…

- **Court:** NCLT
- **Order date:** 2 Sept 2021
- **Citation:** TCN-2021-NCLT-01204
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/eap-infrastructure-private-limited-iba-1064-2019-634449f3

## Summary

### Background

The case involves an application filed under Section 9 of the Insolvency and Bankruptcy Code, 2016, by Prop. Mahaveer Bhandari and Sons HUF (Operational Creditor) against M/s. EAP Infrastructures Private Limited (Corporate Debtor) to initiate the Corporate Insolvency Resolution Process (CIRP). The Operational Creditor claimed a default of Rs. 22,58,945/- due from 05.07.2019 for supplying construction materials. The Corporate Debtor failed to file a counter despite multiple opportunities, leading the Tribunal to proceed ex-parte.

## Facts

Prop. Mahaveer Bhandari and Sons HUF (Operational Creditor) filed an application against M/s. EAP Infrastructures Private Limited (Corporate Debtor) under Section 9 of the Insolvency and Bankruptcy Code, 2016, seeking to initiate CIRP. The Operational Creditor claimed that the Corporate Debtor defaulted on a payment of Rs. 22,58,945/- due from 05.07.2019. The Operational Creditor supplied construction materials to the Corporate Debtor between May 2016 and October 2018. The Operational Creditor raised 58 invoices, out of which the Corporate Debtor cleared payment for about 27 invoices with some delay. The Corporate Debtor issued post-dated cheques aggregating to Rs. 19,14,024/- which were later dishonored with the remark 'Payment Stopped by Drawer'. The Operational

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## Issues and analysis

### Issue 1: Whether the application filed by the Operational Creditor is maintainable under Section 9 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 considered the documents submitted by the Operational Creditor and found

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**Interpretation:** Section 9 provides the mechanism for operational creditors to trigger the

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**Application:** The Operational Creditor followed the procedure prescribed under Section 9 by

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## Parties

- **Judges:** R. Sucha…; Anil Ku…
- **Appellants:** Prop. Mahaveer…
- **Respondents:** M/s. EAP Infrastru…

## Timeline

- **2016-01-01 — Insolvency and…**: The Insolvency and…
- **2016-01-01 — Rule 6 of the Insolvency and Bankruptcy…**: Rule 6 of the Insolvency and Bankruptcy (Application to Adjudicating Authority) Rules,…

## 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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