# In the matter of Grip Infrastructure Private Limited CP-IB-585-ND-2018

> NCLT judgment dated 2018-12-03. Citation: TCN-2018-NCLT-00218. Ashtech Buildpro India Private Limited, the operational creditor, filed a petition under…

- **Court:** NCLT
- **Order date:** 3 Dec 2018
- **Citation:** TCN-2018-NCLT-00218
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/grip-infrastructure-private-limited-cp-ib-585-nd-2018-78e9c3a6

## Summary

### Background

Ashtech Buildpro India Private Limited, the operational creditor, filed a petition under Section 9 of the Insolvency and Bankruptcy Code, 2016, against Grip Infrastructures Private Limited, the corporate debtor. The operational creditor claimed that the corporate debtor had approached them for the supply of AAC blocks of different sizes. The operational creditor supplied the materials as per the requirements and raised invoices for the transactions. The invoices were to be paid within 60 days of supply. The operational creditor claimed that an amount of Rs 12,23,911 was outstanding and payable by the corporate debtor.

## Facts

Ashtech Buildpro India Private Limited (Operational Creditor) filed a petition against Grip Infrastructures Private Limited (Corporate Debtor) under Section 9 of the Insolvency and Bankruptcy Code, 2016. The Operational Creditor supplied AAC blocks to the Corporate Debtor based on their requirements. Invoices were raised for these supplies, with payment due within 60 days. An amount of Rs 12,23,911 remained outstanding. A statutory demand notice was issued on 07.10.2017 and received by the Corporate Debtor on 09.10.2017. The Corporate Debtor failed to respond to the notice or make the payment. The Corporate Debtor did not appear before the Tribunal despite being served with the notice of the proceedings. The Operational Creditor submitted that no dispute was pending

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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 Tribunal considered the documents and submissions made by the Operational Creditor,

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

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**Application:** The Tribunal found that the Operational Creditor had met the requirements of

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## Parties

- **Judges:** R. VARADH…; V.K. SUB…
- **Appellants:** Ashtech Buildpro…
- **Respondents:** Grip Infrastructur…
- **Advocates:** Achin…

## Timeline

- **2016-04-20 — Invoice Perio…**: The Operational Creditor…
- **2016-10-13 — Invoice Per…**: The Operational Creditor…

## 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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