# In the matter of North Rajasthan Infracon Pvt. Ltd. IB-513-ND-2020

> NCLT judgment dated 2021-10-12. Citation: TCN-2021-NCLT-00757. Salasar Builders, the Operational Creditor (OC), filed a petition under Section 9 of the…

- **Court:** NCLT
- **Order date:** 12 Oct 2021
- **Citation:** TCN-2021-NCLT-00757
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/north-rajasthan-infracon-pvt-ltd-ib-513-nd-2020-2bd142b1

## Summary

### Background

Salasar Builders, the Operational Creditor (OC), filed a petition under Section 9 of the Insolvency and Bankruptcy Code, 2016 (IBC) to initiate the Corporate Insolvency Resolution Process (CIRP) against North Rajasthan Infracon Pvt Ltd, the Corporate Debtor (CD), due to an alleged default in settling an amount of Rs 1,80,960 as on 31.12.2019, plus interest at 18% PA, for the supply of various materials and civil works. The CD had approached the OC for supplying construction material and civil works, including digging of earth and stone. The OC supplied the required goods and raised invoice number 102 dated 10.4.19 for Rs 1,59,975.

## Facts

Salasar Builders (Operational Creditor) supplied construction materials and civil works to North Rajasthan Infracon Pvt Ltd (Corporate Debtor). An invoice (number 102 dated 10.4.19) for Rs 1,59,975 was raised. The total outstanding amount was Rs 1,80,960 as on 31.12.2019, plus interest at 18% PA. The Corporate Debtor acknowledged the debt but cited a delay in building plan approval as a reason for non-payment. The Operational Creditor issued a Demand Notice u/s 8 of IBC on 31.12.2019, which the Corporate Debtor acknowledged. The Corporate Debtor did not raise any dispute regarding the quality or quantity of goods supplied. The Corporate Debtor acknowledged its liability to pay the outstanding dues in an email dated 07.01.2020. The Operational Creditor filed a petition

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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 IBC, read with Section 8, outlines the requirements for an operational

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**Reasoning:** The court observed that the Corporate Debtor had not raised any dispute over the quality

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

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**Application:** The court applied the provisions of Section 9 to the facts of the case, finding

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## Parties

- **Judges:** ABNI RANJAN KUMAR…; K.K. V…
- **Appellants:** Salasar Bu…
- **Respondents:** North Rajasthan…
- **Advocates:** Chandra Shekhar…; Vibhor…

## Timeline

- **2019-12-31 — Demand Notice…**: Operational Creditor issued a Demand Notice…
- **2020-01-07 — Acknowledgment of…**: Corporate Debtor acknowledged its liability…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 8 — Insolvency resolution by operational creditor](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-8)

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