# In the matter of Hava Win India Private Limited IBA-417-2020

> NCLT judgment dated 2021-04-29. Citation: TCN-2021-NCLT-02251. The operational creditor filed an application under Section 9 of the Insolvency and Bankruptcy…

- **Court:** NCLT
- **Order date:** 29 Apr 2021
- **Citation:** TCN-2021-NCLT-02251
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/hava-win-india-private-limited-iba-417-2020-b08c1f1e

## Summary

### Background

The operational creditor filed an application under Section 9 of the Insolvency and Bankruptcy Code, 2016, to initiate Corporate Insolvency Resolution Process (CIRP) against the corporate debtor due to a default in payment of operational debt amounting to Rs. 42,02,000/-.

## Facts

M/s. Sanghvi Movers Limited, the operational creditor, filed an application under Section 9 of the Insolvency and Bankruptcy Code, 2016, read with Rule 6 of the Insolvency and Bankruptcy (Application to Adjudicating Authority) Rules, 2016, to initiate Corporate Insolvency Resolution Process (CIRP) against M/s. Hava Win India Private Limited, the corporate debtor. The application was filed on February 7, 2020, alleging a default in payment of Rs. 42,02,000/- plus 24% interest per annum as of September 27, 2019, for an operational debt. The operational creditor is in the business of supplying cranes on a hire/rental basis, while the corporate debtor installs Wind Turbine Generators. The corporate debtor rented cranes for its project site at TVH Energy Resource Private

…

## Issues and analysis

### Issue 1: Whether there is an outstanding operational debt due and payable by the Corporate Debtor to the …

**Ratio:** The existence of a work order for rental equipment, acknowledged by the respondent,

…

**Reasoning:** The Tribunal found that the terms and conditions in the work order did not state that

…

**Interpretation:** The Tribunal interpreted the work order to mean that the hiring charges were

…

**Application:** The corporate debtor's argument that it only used the cranes for 5 days out of

…

## Parties

- **Judges:** R. Sucha…; B. Anil…
- **Appellants:** SANGHVI MOVERS…; M/s. Sanghvi…
- **Respondents:** Hava Win India…; M/s. Hava Win…
- **Advocates:** For Operational…; Shri. D.R.…; +4 more

## Timeline

- **September 27, 2019 — Default…**: Corporate Debtor defaulted in payment of Rs. 42,02,000/- plus interest towards…
- **February 7, 2020 — Application…**: Application for initiation of CIRP…

## 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)

---

This is a preview. The full structured summary, issues, precedents and source judgment are available on CaseEase - Legal Intelligence Simplified: https://caseease.in/cases/ibc/nclt-chandigarh/hava-win-india-private-limited-iba-417-2020-b08c1f1e