# in the matter of Jap Infratech Pvt. Ltd. IB No. (IB)-212-ND-2017

> NCLT judgment dated 2017-07-27. Citation: TCN-2017-NCLT-00694. The case pertains to an application filed under Section 9 of the Insolvency and Bankruptcy…

- **Court:** NCLT
- **Order date:** 27 Jul 2017
- **Citation:** TCN-2017-NCLT-00694
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/jap-infratech-pvt-ltd-ib-no-ib-212-nd-2017-59f3ac37

## Summary

### Background

The case pertains to an application filed under Section 9 of the Insolvency and Bankruptcy Code, 2016 by M/s. Innovation House Industries Pvt. Ltd, an operational creditor, against M/s. Jap Infratech Private Limited, the corporate debtor. The operational creditor claimed an outstanding balance of Rs. 14,22,091/- for goods supplied between April 2016 and July 2016. The operational creditor asserted that despite repeated demands, the corporate debtor failed to liquidate its liability.

## Facts

M/s. Innovation House Industries Pvt. Ltd. filed an application under Section 9 of the Insolvency and Bankruptcy Code, 2016, against M/s. Jap Infratech Private Limited. Innovation House Industries, an operational creditor, claimed that Jap Infratech, the corporate debtor, owed them Rs. 14,22,091/-. This amount was the outstanding balance for goods (Autoclaved Aerated Concrete blocks) supplied between April 2016 and July 2016, for which the total invoice amount was Rs. 21,41,123/-, with only Rs. 7,19,032/- paid. Bank of India certified that no payment was received from the corporate debtor after June 15, 2016. The operational creditor sent a demand notice on 2017-02-28. The corporate debtor did not raise any dispute regarding the unpaid operational debt and did not

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## Issues and analysis

### Issue 1: Whether the Operational Creditor, M/s. Innovation House Industries Pvt. Ltd., is entitled to …

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

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**Reasoning:** The court reasoned that the operational creditor had submitted sufficient evidence,

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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 operational creditor, M/s. Innovation House Industries Pvt.

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## Parties

- **Judges:** Ina Mal…; S. K. MOH…
- **Appellants:** M/s. Innovation…
- **Respondents:** M/s Jap Infratech…

## Timeline

- **2016-04-01 — Goods Sup…**: M/s. Innovation House Industries Pvt. Ltd. supplied goods to M/s. Jap Infratech Private…
- **2016-07-01 — End of Supply…**: The period of supplying goods from M/s. Innovation House Industries Pvt. Ltd. to M/s. Jap…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 14 — Moratorium](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-14)

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