# In the matter of Nishakunj Buildcon LLP TP-MP-133 of 2019 {CP (IB) No. 626-9-NCLT-AHM-2019}

> NCLT judgment dated 2021-01-08. Citation: TCN-2021-NCLT-03344. Bigbloc Construction Limited, the Operational Creditor, filed an application under Section 9 of…

- **Court:** NCLT
- **Order date:** 8 Jan 2021
- **Citation:** TCN-2021-NCLT-03344
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/nishakunj-buildcon-llp-tp-mp-133-of-2019-cp-ib-no-626-9-nclt-ahm-2019-67fe256f

## Summary

### Background

Bigbloc Construction Limited, the Operational Creditor, filed an application under Section 9 of the Insolvency and Bankruptcy Code, 2016, against Nishakunj Buildcon L.L.P., the Corporate Debtor, to initiate the Corporate Insolvency Resolution Process (CIRP). The application was based on the Corporate Debtor's default in paying an operational debt of Rs. 3,39,673/- despite the service of a demand notice. The Corporate Debtor did not appear or contest the claim, leading to an ex-parte hearing.

## Facts

Bigbloc Construction Limited (Operational Creditor) claimed that Nishakunj Buildcon L.L.P. (Corporate Debtor) defaulted on an operational debt of Rs. 3,39,673/-. Invoices dated 23.06.2018, 24.06.2018, and 02.08.2018 were presented as evidence of the debt. The Corporate Debtor made a part payment, with the last payment received on 02.02.2019. A demand notice was served on 14.06.2019 under Section 8 of the I.B. Code, 2016. The notice of the application was served on the Corporate Debtor by Speed Post in June 2020. Despite receiving the notice, the Corporate Debtor did not appear or contest the claim. The Operational Creditor produced a statement of account showing the amount due. The Corporate Debtor did not pay the debt or reply to the notice, thus not pointing out any

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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 noted that the Operational Creditor had filed the application under Section 9

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

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**Application:** The Operational Creditor demonstrated that a default had occurred and that they

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## Parties

- **Judges:** Madan B.…; Virendra Kumar…
- **Appellants:** Bigbloc Constructi…
- **Respondents:** Nishakunj…

## Timeline

- **2018-06-23 — Invoices…**: Operational Creditor sold and supplied goods to the Corporate Debtor, vide invoices dated…
- **2019-02-02 — Last Part P…**: The Corporate Debtor made a part payment, with the last payment received by 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)

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