# In the matter of Indus Projects Limited CP No. 1697-IBC-NCLT-MB-MAH-2018

> NCLT judgment dated 2019-10-01. Citation: TCN-2019-NCLT-01136. The case involves an application under Section 9 of the Insolvency and Bankruptcy Code, 2016,…

- **Court:** NCLT
- **Order date:** 1 Oct 2019
- **Citation:** TCN-2019-NCLT-01136
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/indus-projects-limited-cp-no-1697-ibc-nclt-mb-mah-2018-1c8169d5

## Summary

### Background

The case involves an application under Section 9 of the Insolvency and Bankruptcy Code, 2016, by Industrial X-Ray & Allied Radiographers Pvt Ltd (Operational Creditor) against Indus Projects Ltd (Corporate Debtor). The Operational Creditor claimed that the Corporate Debtor defaulted on payments for services provided, specifically Non-Destructive Testing (NDT) services. The Operational Creditor issued a demand notice under Section 8 of the Code, which the Corporate Debtor did not respond to. The Corporate Debtor failed to appear before the NCLT despite being served notices.

## Facts

Industrial X-Ray & Allied Radiographers Pvt Ltd (Operational Creditor) provided Non-Destructive Testing (NDT) services to Indus Projects Ltd (Corporate Debtor). The Corporate Debtor placed orders for Radiography and Ultrasonic Testing work at various sites between 2012 and 2017. The Operational Creditor raised invoices totaling ₹95,31,485/- for these services. The Corporate Debtor failed to make payments despite repeated requests. On 2018-03-15, the Operational Creditor issued a demand notice under Section 8 of the Insolvency and Bankruptcy Code, 2016. The Corporate Debtor did not reply to the demand notice or raise any dispute regarding the debt. The Corporate Debtor also failed to appear before the NCLT despite being served notices for multiple hearings. The

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## Issues and analysis

### Issue 1: Whether the Corporate Debtor defaulted on …

**Ratio:** Section 3(12) of the Insolvency and Bankruptcy Code, 2016 defines 'default' as

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**Reasoning:** The Corporate Debtor availed services from the Operational Creditor and failed to pay the

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**Interpretation:** The definition of 'default' under Section 3(12) is interpreted to mean that if

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**Application:** The Corporate Debtor's failure to pay the outstanding invoice amount

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## Parties

- **Judges:** M.K. Sh…
- **Appellants:** Industrial X-Ray…
- **Respondents:** Indus Proje…

## Timeline

- **2018-03-15 — Demand Notice…**: Operational Creditor issued a demand notice to the Corporate Debtor under Section 8 of…
- **2018-05-09 — Filing of For…**: M/s Industrial X-Ray & Allied Radiographers Pvt Ltd furnished Form No. 5 under Rule 6 of…

## 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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