# 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-00227. 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-00227
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/pobi-technologies-constructions-private-limited-cp-ib-no-375-kb-2019-9f4a3eec

## 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, despite repeated demands. The Corporate Debtor was declared ex-parte due to non-appearance 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 arose from the non-payment of invoices for bitumen supplied by S.K. Engineering to Pobi Technologies at various locations, including Durgapur, West Bengal, and Tripura. The last payment received by the Operational Creditor was on 07.10.2016, with the default occurring from April 2016 onwards. A demand notice was issued on 25.01.2019, but the Corporate Debtor did not respond. Despite multiple notices, the Corporate Debtor did not appear before the court and was declared ex-parte. The Operational

…

## 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

…

**Reasoning:** The court considered the documents submitted by the Operational Creditor, including the

…

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

…

**Application:** The court applied Section 9 to the facts of the case, finding that S.K.

…

## Parties

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

## Timeline

- **2016-04-01 — Date of D…**: The date of default occurred…
- **2016-10-07 — Last Payment…**: The last payment received by the Operational Creditor from the Corporate Debtor was on…

## 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/pobi-technologies-constructions-private-limited-cp-ib-no-375-kb-2019-9f4a3eec