# In the matter of Electro Poles Products Private Limited C.P. (IB) No. 1325-KB-2018

> NCLT judgment dated 2019-12-13. Citation: TCN-2019-NCLT-00189. The case involves an application filed by Super Smelters Limited, the Operational Creditor,…

- **Court:** NCLT
- **Order date:** 13 Dec 2019
- **Citation:** TCN-2019-NCLT-00189
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/electro-poles-products-private-limited-cp-ib-no-1325-kb-2018-aabaecf5

## Summary

### Background

The case involves an application filed by Super Smelters Limited, the Operational Creditor, under Section 9 of the Insolvency and Bankruptcy Code, 2016, against Electro Poles Products Private Limited, the Corporate Debtor, for initiating the Corporate Insolvency Resolution Process (CIRP). The Operational Creditor alleged that the Corporate Debtor defaulted in making payment of Rs. 9,79,752/-. The Corporate Debtor purchased raw materials (MS Black Pipe) from the Operational Creditor, who supplied goods as per invoices dated 09.04.2016, 23.04.2016, 09.05.2016, and 17.05.2016. The Corporate Debtor made a part payment of Rs. 3,92,540/-, leaving an outstanding amount of Rs. 14,12,200/-. The Operational Creditor claimed interest due to the Corporate Debtor's failure to make

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## Facts

Super Smelters Limited (Operational Creditor) filed an application under Section 9 of the Insolvency and Bankruptcy Code, 2016, against Electro Poles Products Private Limited (Corporate Debtor) for defaulting on a payment of Rs. 9,79,752/-. The Corporate Debtor purchased raw materials from the Operational Creditor, who supplied goods based on invoices from April and May 2016. The Corporate Debtor made a partial payment of Rs. 3,92,540/-, leaving an outstanding amount of Rs. 14,12,200/-. The Operational Creditor claimed interest due to late payments. Some goods were allegedly defective and lifted by the Operational Creditor, with their value (Rs. 6,32,448.63) adjusted. After adjustments, Rs. 9,79,752/- remained outstanding. A part payment of Rs. 2,00,000/- was made on

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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 court was satisfied that the Operational Creditor had successfully proven that the

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

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**Application:** The court applied Section 9 to the facts, finding that the Operational Creditor

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## Parties

- **Judges:** Jinan…; Harish Chander…
- **Appellants:** Super Smelters…
- **Respondents:** Electro Poles…

## Timeline

- **2016-04-09 — Invoice…**: One of the invoice dates for goods supplied by the Operational Creditor to the Corporate…
- **2016-04-23 — Invoice…**: One of the invoice dates for goods supplied by the Operational Creditor to the Corporate…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 8 — Insolvency resolution by operational creditor](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-8)

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