# In the matter of Girna Infraprojects Private Limited CP No. 1582-IBC-NCLT-MB-MAH-2018

> NCLT judgment dated 2018-04-26. Citation: TCN-2018-NCLT-01495. The case pertains to an application filed under Section 9 of the Insolvency and Bankruptcy…

- **Court:** NCLT
- **Order date:** 26 Apr 2018
- **Citation:** TCN-2018-NCLT-01495
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/girna-infraprojects-private-limited-cp-no-1582-ibc-nclt-mb-mah-2018-0fb07676

## Summary

### Background

The case pertains to an application filed under Section 9 of the Insolvency and Bankruptcy Code, 2016, by M/s. Chamunda Earthmover, an Operational Creditor, against M/s. Girna Infraprojects Private Limited, the Corporate Debtor, for default in payment of operational debt. The Operational Creditor claimed that the Corporate Debtor failed to pay an outstanding amount of Rs. 27,81,344/-. The Corporate Debtor did not raise any dispute or objection to the demand notice and remained absent from the proceedings.

## Facts

M/s. Chamunda Earthmover (Operational Creditor) filed an application under Section 9 of the Insolvency and Bankruptcy Code, 2016, against M/s. Girna Infraprojects Private Limited (Corporate Debtor) for default in payment of operational debt. The total principal amount in default was stated to be Rs. 27,81,344/-. The Operational Creditor provided services to the Corporate Debtor, including the supply of Hiring Poclain/Excavator-EX-300, Tata Hitachi on monthly Basis at rate of Rs. 3,20,000/-. The Corporate Debtor issued Work Order No. GIRNA DGMAP UNE-II/2015/08/212. The Operational Creditor raised bills for the period 31.07.2015 to 31.08.2015, 01.09.2015 to 24.09.2015, and 01.10.2015 to 31.10.2015. The bills were verified and checked by the Office of Corporate Debtor.

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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 considered the documents and submissions made by the Operational Creditor and

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**Interpretation:** Section 9 of the IBC provides a mechanism for operational creditors to recover

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**Application:** In this case, the court found that the Operational Creditor had demonstrated

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## Parties

- **Judges:** M.K. Sh…
- **Appellants:** M/s. Chamunda…
- **Respondents:** M/s. Girna…

## Timeline

- **2017-08-14 — Notice under section 8…**: The Petitioner issued a Notice under…
- **2017-10-17 — Bank Certi…**: Union Bank issued a certificate stating no…

## 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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