# In the matter of Mira Green Tech Private Limited Company Petition No. IB-928-ND-2019

> NCLT judgment dated 2019-08-21. Citation: TCN-2019-NCLT-01883. The applicant, an operational creditor, filed an application under Section 9 of the Insolvency…

- **Court:** NCLT
- **Order date:** 21 Aug 2019
- **Citation:** TCN-2019-NCLT-01883
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/mira-green-tech-private-limited-company-petition-no-ib-928-nd-2019-28e0334a

## Summary

### Background

The applicant, an operational creditor, filed an application under Section 9 of the Insolvency and Bankruptcy Code, 2016, seeking to initiate the Corporate Insolvency Resolution Process against the corporate debtor due to outstanding operational debt for services rendered.

## Facts

M/s Premier Tech Aqua Systems Private Limited, the operational creditor, filed an application under Section 9 of the Insolvency and Bankruptcy Code, 2016, read with Rule 6 of the Insolvency and Bankruptcy (Application to Adjudicating Authority) Rules, 2016, to initiate the Corporate Insolvency Resolution Process against M/s Mira Green Tech Private Limited, the corporate debtor. The application was filed through its director, Mr. Mohit Vijay Malani, who was authorized by a Board resolution dated January 12, 2019. The operational creditor was engaged by the corporate debtor for the design, supply, erection, and commissioning of a 400 KLDSTP at Jamia University and Medical College. A Purchase Order dated January 16, 2015, and a Work Order dated January 21, 2015, were

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## Issues and analysis

### Issue 1: Whether the application filed under Section 9 of the IBC, 2016, by the operational creditor against …

**Ratio:** An application under Section 9 of the IBC, 2016, is admissible if the operational debt

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**Reasoning:** The Tribunal found that the application was complete, the applicant was entitled to claim

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**Interpretation:** The court interpreted Section 9 of the IBC, 2016, to mean that once a default

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**Application:** Given the established operational debt, the corporate debtor's failure to pay

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## Parties

- **Judges:** DEEPTI M…; HEMANT KUMAR…
- **Appellants:** M/s PREMIER TECH…
- **Respondents:** M/s MIRA GREEN…
- **Advocates:** For the Applicant:…; For the Respondent…

## Timeline

- **January 16, 2015 — Purchase Orde…**: A Purchase Order was issued to the operational creditor for the design, supply, erection,…
- **January 21, 2015 — Work Order…**: A Work Order was issued to the operational creditor for Rs. 40,00,000/- (Rs. 40,80,000/-…

## 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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