# In the matter of P Dot G Constructions Private Limited CP-193-(IB)-CB-2018

> NCLT judgment dated 2018-07-13. Citation: TCN-2018-NCLT-01151. The case pertains to an application filed under Section 9 of the Insolvency and Bankruptcy…

- **Court:** NCLT
- **Order date:** 13 Jul 2018
- **Citation:** TCN-2018-NCLT-01151
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/p-dot-g-constructions-private-limited-cp-193-ib-cb-2018-3d8c58c5

## Summary

### Background

The case pertains to an application filed 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, by M/s. IJM Concrete Products Private Limited (Operational Creditor) against M/s. P Dot G Constructions Private Limited (Corporate Debtor) for initiating the Corporate Insolvency Resolution Process (CIRP). The Operational Creditor claimed an outstanding debt of Rs. 42,46,563/- along with interest at 24% as of 31.08.2017, which the Corporate Debtor failed to pay. A Tripartite Agreement dated 23.09.2015 was entered into among the Operational Creditor, the Corporate Debtor, and a third party, M/s. Amman Blue Metals. The Corporate Debtor raised objections regarding the

…

## Facts

M/s. IJM Concrete Products Private Limited (Operational Creditor) filed an application under Section 9 of the Insolvency and Bankruptcy Code, 2016, against M/s. P Dot G Constructions Private Limited (Corporate Debtor) for an outstanding debt of Rs. 42,46,563/- along with 24% interest as of 31.08.2017. A Tripartite Agreement dated 23.09.2015 existed between the Operational Creditor, Corporate Debtor, and M/s. Amman Blue Metals. The Corporate Debtor owed Rs. 75,92,928/- to the Operational Creditor, out of which Rs. 33,46,364/- was to be paid to M/s. Amman Blue Metals. The Operational Creditor sent a demand notice dated 24.10.2017 under Section 8 of the I&B Code, 2016. The Corporate Debtor claimed the demand notice was not properly served and disputed the penal

…

## Issues and analysis

### Issue 1: Whether the Operational Creditor has fulfilled all the requirements of law for the admission of the …

**Ratio:** Section 9 of the Insolvency and Bankruptcy Code, 2016, specifies the requirements for an

…

**Reasoning:** The court found that the Operational Creditor had complied with Section 9(3)(b)&(c)

…

**Interpretation:** Section 9 of the IBC is interpreted to mean that an operational creditor must

…

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

…

## Parties

- **Judges:** Ch. Mohd Sharief…
- **Appellants:** M/s. IJM Concrete…
- **Respondents:** M/s.P dot G…
- **Advocates:** K.S. Ravich…; S.Manjula…; +2 more

## Timeline

- **2015-09-23 — Tripartite Ag…**: A Tripartite Agreement was entered into among the Operational Creditor, the Corporate…
- **2017-08-31 — Outstandin…**: The Operational Creditor claimed an outstanding debt of Rs. 42,46,563/- along with…

## 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/p-dot-g-constructions-private-limited-cp-193-ib-cb-2018-3d8c58c5