# In the matter of Maini Construction Equipment Pvt. Ltd. CP No. 1236-2016

> NCLT judgment dated 2017-05-31. Citation: TCN-2017-NCLT-00832. The case originates from a winding-up petition filed before the Delhi High Court under Sections…

- **Court:** NCLT
- **Order date:** 31 May 2017
- **Citation:** TCN-2017-NCLT-00832
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/maini-construction-equipment-pvt-ltd-cp-no-1236-2016-b5612322

## Summary

### Background

The case originates from a winding-up petition filed before the Delhi High Court under Sections 433(e), 434, and 439(b) of the Companies Act, 1956. Upon the constitution of the NCLT, the matter was transferred to the Principal Bench of the NCLT in New Delhi. The petition was filed by an 'Operational Creditor' against an 'Operational Debtor' for unpaid debts related to the supply of steel and iron goods. The 'Operational Debtor' claimed the materials were defective, which the 'Operational Creditor' refuted, stating quality checks were performed and approved before dispatch. The 'Operational Creditor' served multiple legal notices for payment, which remained unheeded.

## Facts

Mr. Nitin Khandela Wal, the 'Operational Creditor', filed a petition against Maini Construction Equipments Pvt. Ltd., the 'Operational Debtor', for unpaid debts. The 'Operational Creditor' is in the business of manufacturing and selling steel and iron goods. The 'Operational Debtor' purchased these goods, specifically MS Channels, from the 'Operational Creditor'. A debit balance of Rs.90,23,846/- remained unpaid despite repeated requests. The 'Operational Debtor' raised a dispute claiming the materials were defective in a reply dated 23.08.2016 to a demand notice sent on 16.08.2016. The 'Operational Creditor' asserted that quality checks were performed by their authorized personnel at Natani Steel Rolling Mills, Jaipur, before dispatch. Legal notices were served on

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## Issues and analysis

### Issue 1: Whether the 'Operational Debtor' defaulted in paying the outstanding operational debt to the …

**Ratio:** The legal principle is that if an operational debt is due and payable and the

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**Reasoning:** The NCLT reasoned that the 'Operational Debtor' had failed to pay the outstanding debt

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**Interpretation:** This issue involves interpreting the provisions of the Insolvency and

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**Application:** The NCLT applied the ratio to the facts by finding that the 'Operational

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## Parties

- **Judges:** CHIEF JUSTICE…; R. VARADH…
- **Appellants:** Nitin Khand…
- **Respondents:** Maini Construction…

## Timeline

- **1956-01-01 — Companies Ac…**: Reference to Sections 433(e), 434, and 439(b) of the Companies Act, 1956, under which the…
- **2016-03-22 — Purchase Ord…**: Purchase order issued by…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 4 — Application of this Part](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-4)

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