# In the matter of MAF Infra Projects Private Ltd. CP (IB) No. 702-KB-2018

> NCLT judgment dated 2019-01-09. Citation: TCN-2019-NCLT-05287. The case pertains to an application filed by M/s. Firstchoice Ready Mix, the Operational…

- **Court:** NCLT
- **Order date:** 9 Jan 2019
- **Citation:** TCN-2019-NCLT-05287
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/maf-infra-projects-private-ltd-cp-ib-no-702-kb-2018-7247f0fc

## Summary

### Background

The case pertains to an application filed by M/s. Firstchoice Ready Mix, the Operational Creditor, under Section 9 of the Insolvency and Bankruptcy Code, 2016, against M/s. MAF Infra Projects Private Ltd., the Corporate Debtor, for initiating the Corporate Insolvency Resolution Process (CIRP) due to the Corporate Debtor's failure to pay a debt of Rs. 3,17,603 despite repeated demands. The Operational Creditor supplied ready mix concrete to the Corporate Debtor, raising seven invoices for the period 12.02.2016 to 29.02.2016. A demand notice under section 8 of the I&B Code was served on the Corporate Debtor on 12.04.2018, but the Corporate Debtor neither paid the dues nor responded to the notice.

## Facts

M/s. Firstchoice Ready Mix, the Operational Creditor, filed an application under Section 9 of the Insolvency and Bankruptcy Code, 2016, to initiate Corporate Insolvency Resolution Process (CIRP) against M/s. MAF Infra Projects Private Ltd., the Corporate Debtor. The basis for the application was the Corporate Debtor's failure to pay a debt of Rs. 3,17,603/- despite demand. The Operational Creditor had supplied ready mix concrete to the Corporate Debtor between 12.02.2016 and 29.02.2016, raising seven invoices. A demand notice under Section 8 of the I&B Code was served on the Corporate Debtor on 12.04.2018. The Corporate Debtor did not pay the dues or respond to the demand notice. The Corporate Debtor, through its Director, Md. Aftabuddin Mondal, admitted the debt

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## Issues and analysis

### Issue 1: Whether the application filed by the Operational Creditor under Section 9 of the Insolvency and …

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

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**Reasoning:** The court found that the application filed by the Operational Creditor was defect-free

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**Interpretation:** Section 9 provides a mechanism for operational creditors to recover their dues

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**Application:** The court applied Section 9 to the facts of the case, noting that the

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## Parties

- **Judges:** Madan B.…
- **Appellants:** M/s. Firstchoice…
- **Respondents:** M/s. MAF Infra…
- **Advocates:** Ajay Ga…; Rakhi Purni…

## Timeline

- **2016-02-12 — Invoice Perio…**: Start date of the period for which the Operational Creditor raised invoices for supplying…
- **2016-02-29 — Invoice Per…**: End date of the period for which the Operational Creditor raised invoices for supplying…

## 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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