# In the matter of Enectric Projects and Solution India Private LImited CP-1327-IB-2018

> NCLT judgment dated 2020-01-29. Citation: TCN-2020-NCLT-02144. The case involves a petition filed by Anchor Electricals Private Limited (Operational Creditor)…

- **Court:** NCLT
- **Order date:** 29 Jan 2020
- **Citation:** TCN-2020-NCLT-02144
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/enectric-projects-and-solution-india-private-limited-cp-1327-ib-2018-34daa7f5

## Summary

### Background

The case involves a petition filed by Anchor Electricals Private Limited (Operational Creditor) against Enectric Projects & Solutions India Private Limited (Corporate Debtor) under Section 9 of the Insolvency and Bankruptcy Code, 2016, for an operational debt of Rs. 47,80,294.75. The debt arose from transactions where the Operational Creditor supplied goods based on purchase orders placed by the Corporate Debtor. Despite repeated reminders, the Corporate Debtor failed to make payments, leading to the issuance of a demand notice under Section 8 of the IBC, 2016.

## Facts

Anchor Electricals Private Limited, the Operational Creditor, filed a petition against Enectric Projects & Solutions India Private Limited, the Corporate Debtor, claiming an operational debt of Rs. 47,80,294.75. The debt stemmed from the supply of goods based on purchase orders. The Operational Creditor supplied goods as per the purchase orders and raised invoices. The Corporate Debtor failed to make payments despite repeated reminders via email. The Operational Creditor issued a demand notice dated 09.08.2018 under Section 8 of the IBC, 2016. The Corporate Debtor filed a counter affidavit alleging discrepancies in the quality and quantity of goods. However, the Corporate Debtor also submitted a payment schedule, agreeing to pay the outstanding amount in

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## Issues and analysis

### Issue 1: Whether the Corporate Debtor defaulted on the …

**Ratio:** Section 9(5) of the IBC, 2016, allows for the admission of an application if the

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**Reasoning:** The Tribunal found that the Corporate Debtor failed to make payments for the goods

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**Interpretation:** Section 9(5) requires the Adjudicating Authority to determine if a default has

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**Application:** The Corporate Debtor's failure to pay the invoices and the subsequent admission

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## Parties

- **Judges:** R. VARADH…; Anil Ku…
- **Appellants:** ANCHOR ELECTRICALS…
- **Respondents:** ENECTRIC PROJECTS…
- **Advocates:** AR. Raman…; S. Ramp…

## Timeline

- **2018-02-16 — Purchase…**: Corporate Debtor placed…
- **2018-03-17 — Invoices…**: Operational Creditor raised…

## 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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