# In the matter of MAS Project Engineers Private Limited Company Petition no. (IB)-690(ND)-2018

> NCLT judgment dated 2019-04-16. Citation: TCN-2019-NCLT-03827. The case pertains to an application filed under Section 9 of the Insolvency and Bankruptcy…

- **Court:** NCLT
- **Order date:** 16 Apr 2019
- **Citation:** TCN-2019-NCLT-03827
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/mas-project-engineers-private-limited-company-petition-no-ib-690nd-2018-44307219

## Summary

### Background

The case pertains to an application filed under Section 9 of the Insolvency and Bankruptcy Code, 2016, by M/S BM Pipes Private Ltd (Operational Creditor) against M/S. MAS Project Engineers Private Limited (Corporate Debtor) for initiation of Corporate Insolvency Resolution Process (CIRP). The Operational Creditor claimed that the Corporate Debtor defaulted on payments for the supply of conduit pipes and pipe fittings. The Corporate Debtor contested the claim, alleging that the goods were not supplied and invoices were not handed over.

## Facts

M/S BM Pipes Private Ltd (Operational Creditor) filed an application under Section 9 of the Insolvency and Bankruptcy Code, 2016, against M/S. MAS Project Engineers Private Limited (Corporate Debtor) for initiating Corporate Insolvency Resolution Process (CIRP). The Operational Creditor claimed that the Corporate Debtor had placed various purchase orders between 2011 and 2015 for the supply of conduit pipes and pipe fittings. The Operational Creditor supplied the goods, raising invoices. The Corporate Debtor made part payments, but a sum of Rs. 10,50,499/- remained outstanding. The Operational Creditor issued a demand notice under Section 8 of the Code on 29.03.2018, claiming Rs. 14,84,110/- (including principal and interest). The Corporate Debtor disputed the claim,

…

## 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, outlines the requirements for an

…

**Reasoning:** The court examined the application and found that it fulfilled the requirements of

…

**Interpretation:** Section 9 of the IBC allows an operational creditor to initiate CIRP if a debt

…

**Application:** The court found that the application was complete and in compliance with

…

## Parties

- **Judges:** Sh.R. Varad…; DeepaKr…
- **Appellants:** M/S BM PIPES…
- **Respondents:** M/S. MAS PROJECT…

## Timeline

- **2011-05-31 — Purchase Order…**: Corporate Debtor placed various purchase orders from 31.05.2011 to 07.10.2015 upon the…
- **2015-10-07 — Purchase Order…**: Corporate Debtor placed various purchase orders from 31.05.2011 to 07.10.2015 upon the…

## 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)

---

This is a preview. The full structured summary, issues, precedents and source judgment are available on CaseEase - Legal Intelligence Simplified: https://caseease.in/cases/ibc/nclt-chandigarh/mas-project-engineers-private-limited-company-petition-no-ib-690nd-2018-44307219