# In the matter of ISR Infra Private Limited TCP (IB) No. 106-9-AMR-2019

> NCLT judgment dated 2019-09-09. Citation: TCN-2019-NCLT-01511. The case involves a petition filed under Section 9 of the Insolvency and Bankruptcy Code, 2016,…

- **Court:** NCLT
- **Order date:** 9 Sept 2019
- **Citation:** TCN-2019-NCLT-01511
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/isr-infra-private-limited-tcp-ib-no-106-9-amr-2019-aaf94ecd

## Summary

### Background

The case involves a petition filed under Section 9 of the Insolvency and Bankruptcy Code, 2016, by M/s CMR Transport Contractors Company Private Limited (the operational creditor) against M/s ISR Infra Private Limited (the corporate debtor) for default in repaying an operational debt of ₹8,61,988.32, including interest. The operational creditor provided transport services to the corporate debtor, and despite part payments, a significant amount remained outstanding. The operational creditor issued a demand notice, and upon receiving no response, filed the petition before the NCLT, Hyderabad Bench, which was later transferred to the NCLT Amaravati Bench.

## Facts

M/s CMR Transport Contractors Company Private Limited (the operational creditor) filed a petition under Section 9 of the Insolvency and Bankruptcy Code, 2016, against M/s ISR Infra Private Limited (the corporate debtor) for default in repaying an operational debt of ₹8,61,988.32, including interest. The operational creditor is a private limited company incorporated in 2005, providing auxiliary transport support. The corporate debtor, incorporated in 2010, engaged the operational creditor in April 2017 for lifting products ex terminal through their tank truck. The operational creditor performed its obligation and raised invoices. The corporate debtor made a part payment of ₹10,00,000, leaving ₹5,98,603 outstanding as of 2017-09-25. The operational creditor requested

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## Issues and analysis

### Issue 1: Whether the petition filed under Section 9 of the Insolvency and Bankruptcy Code, 2016, is complete …

**Ratio:** Section 9(2) of the Insolvency and Bankruptcy Code, 2016, specifies the requirements for

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**Reasoning:** The court observed that the petition was complete in all respects, as it included

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**Interpretation:** Section 9(2) of the IBC requires the operational creditor to demonstrate the

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**Application:** In this case, the operational creditor provided invoices and a demand notice as

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## Parties

- **Judges:** Janab Mohammed…
- **Appellants:** M/s CMR Transport…
- **Respondents:** M/s ISR Infra…

## Timeline

- **2005-01-01 — Incorporation of…**: M/s CMR Transport Contractors Company…
- **2010-01-01 — Incorporation of…**: M/s ISR Infra Private…

## 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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