# In the matter of H S Power Projects Pvt. Ltd. (IB)-300(ND)-2019

> NCLT judgment dated 2019-03-11. Citation: TCN-2019-NCLT-04513. The case involves an application by Eonn Plast India Pvt. Ltd., an Operational Creditor, to…

- **Court:** NCLT
- **Order date:** 11 Mar 2019
- **Citation:** TCN-2019-NCLT-04513
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/h-s-power-projects-pvt-ltd-ib-300nd-2019-9cb4d53b

## Summary

### Background

The case involves an application by Eonn Plast India Pvt. Ltd., an Operational Creditor, to initiate the Corporate Insolvency Resolution Process (CIRP) against HS Power Projects Pvt. Ltd., the Corporate Debtor, due to its inability to pay outstanding debts. Eonn Plast supplied HDPE pipes to HS Power Projects against purchase orders dated 2017-01-31. Invoices were raised for a total amount of Rs. 20,34,900, against which the Corporate Debtor made part payments on 2017-07-18 and 2017-08-01. Despite reminders, a balance of Rs. 9,48,204 remained unpaid. A demand notice under Section 8 of the Insolvency & Bankruptcy Code was issued but received no response, leading to the filing of the petition.

## Facts

Eonn Plast India Pvt. Ltd. (Operational Creditor) supplied HDPE pipes to HS Power Projects Pvt. Ltd. (Corporate Debtor) based on purchase orders dated 2017-01-31. Invoices totaling Rs. 20,34,900 were raised for the deliveries. The Corporate Debtor made partial payments on 2017-07-18 and 2017-08-01. A balance of Rs. 9,48,204 remained unpaid despite reminders. A demand notice under Section 8 of the IBC was issued, but no response was received. The Corporate Debtor failed to appear in court after notice was served, leading to ex parte proceedings. The Operational Creditor filed a petition under Section 9 of the IBC to initiate CIRP. The Operational Creditor did not propose an IRP. The relevance of these facts lies in establishing the debt, default, and the absence of any

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## Issues and analysis

### Issue 1: Whether the Operational Creditor's claim for unpaid dues against the Corporate Debtor is valid and …

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

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**Reasoning:** The court reasoned that the Operational Creditor had provided sufficient evidence to

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**Interpretation:** Section 9 of the IBC is interpreted to provide a mechanism for operational

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**Application:** In this case, the court applied the ratio of Section 9 to the facts presented

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## Parties

- **Judges:** Ina Mal…; V.K. SUB…
- **Appellants:** M/s. Eonn Plast…
- **Respondents:** M/s. HS Power…

## Timeline

- **2017-01-31 — Purchase…**: Eonn Plast India Pvt. Ltd. received purchase orders from HS Power Projects Pvt. Ltd. for…
- **2017-07-18 — Part Pay…**: HS Power Projects Pvt. Ltd. made a part…

## 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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