# In the matter of Gopinath Engineering Co. Pvt. Ltd. C.P. No. 3198-IBC-MB-2019

> NCLT judgment dated 2021-08-10. Citation: TCN-2021-NCLT-01394. M/s Totale Global Pvt. Ltd. filed a company petition against Gopinath Engineering Co. Pvt. Ltd.…

- **Court:** NCLT
- **Order date:** 10 Aug 2021
- **Citation:** TCN-2021-NCLT-01394
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/gopinath-engineering-co-pvt-ltd-cp-no-3198-ibc-mb-2019-1a7ef7d1

## Summary

### Background

M/s Totale Global Pvt. Ltd. filed a company petition against Gopinath Engineering Co. Pvt. Ltd. under Section 9 of the Insolvency and Bankruptcy Code, 2016, alleging that the Corporate Debtor defaulted in making payment for refractory jobs done at BPCL, Mumbai. The Operational Creditor sought resolution for an amount of Rs. 41,30,000/-. The work order was issued on 2018-04-10 for Rs. 35,00,000/- excluding GST. The Operational Creditor completed the work on 2018-05-10 and submitted an invoice on 2019-05-18. The Corporate Debtor failed to honor the payment despite repeated reminders and demand notices.

## Facts

M/s Totale Global Pvt. Ltd. (Operational Creditor) was engaged by Gopinath Engineering Co. Pvt. Ltd. (Corporate Debtor) for refractory jobs at BPCL, Mumbai, under a work order dated 2018-04-10, valued at Rs. 35,00,000/- excluding GST. The work was completed on 2018-05-10, and an invoice for Rs. 41,30,000/- (inclusive of GST) was submitted on 2019-05-18. The Corporate Debtor failed to make the payment, leading the Operational Creditor to send emails demanding the unpaid amount between 2018-06-02 and 2019-02-01. The Corporate Debtor issued cheques for Rs. 31,50,000/- on 2018-04-21 towards part payment, but they were returned due to insufficient funds. The Operational Creditor sent a first demand notice on 2018-09-24, which was delivered on 2018-09-28, and a final

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## Issues and analysis

### Issue 1: Whether the Corporate Debtor committed a default in …

**Ratio:** Section 9 of the Insolvency and Bankruptcy Code, 2016 allows an operational creditor to

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**Reasoning:** The Corporate Debtor failed to make payment of Rs. 41,30,000/- to the Operational

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**Interpretation:** The failure to pay the outstanding amount despite demand notices and dishonored

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**Application:** The Corporate Debtor's failure to pay Rs. 41,30,000/- to the Operational

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## Parties

- **Judges:** H.V. Subb…; Chandra Bha…
- **Appellants:** M/s Totale Global…
- **Respondents:** Gopinath Engineeri…; Raju…

## Timeline

- **2018-04-10 — Work Order…**: Gopinath Engineering Co. Pvt. Ltd. issued a work order to M/s Totale Global Pvt. Ltd. for…
- **2018-05-10 — Work Comp…**: M/s Totale Global Pvt. Ltd.…

## 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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