# In the matter of GRG Infrastructure Pvt. Ltd. CP(IB)-401(AHM)2020

> NCLT judgment dated 2021-12-07. Citation: TCN-2021-NCLT-00248. The case pertains to an application filed by Sachi Steel Solutions Pvt Ltd, the Operational…

- **Court:** NCLT
- **Order date:** 7 Dec 2021
- **Citation:** TCN-2021-NCLT-00248
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/grg-infrastructure-pvt-ltd-cpib-401ahm2020-2b506f7a

## Summary

### Background

The case pertains to an application filed by Sachi Steel Solutions Pvt Ltd, the Operational Creditor, under Section 9 of the Insolvency and Bankruptcy Code, 2016, for initiating the Corporate Insolvency Resolution Process (CIRP) against GRG Infrastructure Private Limited, the Corporate Debtor. The Operational Creditor claimed a debt of Rs. 2,46,359/- including interest. The Corporate Debtor had issued a purchase order to the Operational Creditor on 16.07.2019 for the supply of goods. The Operational Creditor supplied the materials and raised an invoice dated 16.07.2019 for Rs 4,24,145/-. Despite reminders, the Corporate Debtor failed to pay the due amount. The Operational Creditor issued a demand notice on 16/11/2019, which was received by the Corporate Debtor on

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## Facts

Sachi Steel Solutions Pvt Ltd (Operational Creditor) filed an application under Section 9 of the Insolvency and Bankruptcy Code, 2016, to initiate Corporate Insolvency Resolution Process (CIRP) against GRG Infrastructure Private Limited (Corporate Debtor). The claimed debt in default was Rs. 2,46,359/- including interest. The Corporate Debtor issued a purchase order on 2019-07-16 to the Operational Creditor for the supply of Drawn Ribwire of 5 & 6 MM. The Operational Creditor supplied the materials and raised invoice no.GST/1920/0148 dated 2019-07-16 for Rs 4,24,145/-. Due to non-payment, the Operational Creditor issued a demand notice on 2019-11-16, received by the Corporate Debtor on 2019-11-27. The Corporate Debtor made a part-payment of Rs. 2,00,000/- 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 reasoned that the Operational Creditor had supplied goods to the Corporate

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**Interpretation:** Section 9 provides a mechanism for operational creditors to recover their dues

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

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## Parties

- **Judges:** Madan B.…; Ajai Das Me…
- **Appellants:** Sachi Steel…
- **Respondents:** GRG Infrastructure…

## Timeline

- **2019-07-16 — Purchase…**: Corporate Debtor issued a purchase…
- **2019-07-16 — Invoice R…**: Operational Creditor raised invoice…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 14(1) — Moratorium](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-14)

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