# In the matter of H.M. Infratech Private Limited C.P. (IB) No. 74-BB-2018

> NCLT judgment dated 2018-12-20. Citation: TCN-2018-NCLT-00042. M/s. Accorn Interiors filed C.P. (IB) No.74/BB/2018 under Section 9 of the IBC, 2016, seeking…

- **Court:** NCLT
- **Order date:** 20 Dec 2018
- **Citation:** TCN-2018-NCLT-00042
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/hm-infratech-private-limited-cp-ib-no-74-bb-2018-167bfb96

## Summary

### Background

M/s. Accorn Interiors filed C.P. (IB) No.74/BB/2018 under Section 9 of the IBC, 2016, seeking to initiate the Corporate Insolvency Resolution Process (CIRP) against M/s. H.M. Infratech Private Limited, alleging failure to pay an outstanding amount of Rs. 12,17,973/-. The respondent agreed to pay an amount of Rs. 8,52,765/- and also filed a memo dated 2018-12-11 stating the same. On scrutiny, the final bill under the tax invoice payable was Rs. 7,17,446/-, and the retention amount was Rs. 1,35,319/-.

## Facts

M/s. Accorn Interiors, the operational creditor, filed a petition under Section 9 of the IBC, 2016, against M/s. H.M. Infratech Private Limited, the corporate debtor, for non-payment of Rs. 12,17,973/-. The corporate debtor had agreed to pay Rs. 8,52,765/-, as per a memo dated 2018-12-11. The final bill under the tax invoice was Rs. 7,17,446/-, with a retention amount of Rs. 1,35,319/-. The operational creditor sought to initiate CIRP to recover the outstanding amount. The NCLT rejected the petition, stating that the IBC is not intended to be a recovery forum and that an undisputed debt is a prerequisite for initiating proceedings under Section 9 of the IBC.

## Issues and analysis

### Issue 1: Whether the petition filed under Section 9 of the IBC, 2016, is maintainable for recovery of the …

**Ratio:** An undisputed debt is a sine qua non for initiating proceedings under Section 9 of the

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**Reasoning:** The court reasoned that the petition was essentially filed to recover the outstanding

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**Interpretation:** Section 9 of the IBC, 2016, requires that the debt claimed by the operational

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**Application:** In this case, the court found that the debt was not undisputed, as there was a

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## Parties

- **Judges:** Rajeswara Rao…; Ashok Kumar…
- **Appellants:** M/s. Accorn…
- **Respondents:** M/s. H.M.…

## Timeline

- **2018-12-11 — Memo Filed by R…**: The Respondent filed a Memo stating that the total amount payable is Rs.8,52,765/-…
- **2018-12-20 — Order Da…**: The NCLT rejected the petition…

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