# In the matter of Pobi Technologies & Constructions Private Limited C.P. (IB) No. 375-KB-2019

> NCLT judgment dated 2019-12-11. Citation: TCN-2019-NCLT-00223. S.K. Engineering filed an application under Section 9 of the Insolvency and Bankruptcy Code,…

- **Court:** NCLT
- **Order date:** 11 Dec 2019
- **Citation:** TCN-2019-NCLT-00223
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/pobi-technologies-constructions-private-limited-cp-ib-no-375-kb-2019-9b370a01

## Summary

### Background

S.K. Engineering filed an application under Section 9 of the Insolvency and Bankruptcy Code, 2016, to initiate the Corporate Insolvency Resolution Process (CIRP) against Pobi Technologies & Constructions Private Limited, alleging default in payment of Rs. 73,43,923.75. The Operational Creditor (S.K. Engineering) claimed that the Corporate Debtor (Pobi Technologies) failed to make full payment for bitumen supplied to them at various sites, including Durgapur and Tripura. The Corporate Debtor was declared ex-parte after failing to appear despite multiple notices.

## Facts

S.K. Engineering, the Operational Creditor, filed an application under Section 9 of the Insolvency and Bankruptcy Code, 2016, against Pobi Technologies & Constructions Private Limited, the Corporate Debtor, due to a default in payment of Rs. 73,43,923.75. The default stemmed from the Corporate Debtor's failure to fully pay for bitumen supplied by the Operational Creditor. The Corporate Debtor had placed orders for bitumen, which were delivered to sites in Durgapur, West Bengal, and Tripura. The last payment received by the Operational Creditor was on 07.10.2016, and the default occurred from April 2016 onwards. The Operational Creditor issued a demand notice on 25.01.2019, which was received by the Corporate Debtor, but no response was provided. The Corporate

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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 found that the Operational Creditor had provided sufficient evidence of

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

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**Application:** The court applied Section 9 to the facts, noting that S.K. Engineering had

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## Parties

- **Judges:** Jinan…; Harish Chander…
- **Appellants:** S.K. Engin…
- **Respondents:** Pobi Technologies…
- **Advocates:** Ratul…; Vikas B…

## Timeline

- **2016-10-07 — Last Payment…**: The last payment received by the…
- **2016-04-01 — Default Oc…**: The date of default occurred…

## 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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