# In the matter of Pradeep Structural Development Private Ltd. CP (IB) No. 1814-KB-2018

> NCLT judgment dated 2019-07-25. Citation: TCN-2019-NCLT-02276. The case pertains to an application filed by NLB Steels Private Ltd., the Operational Creditor,…

- **Court:** NCLT
- **Order date:** 25 Jul 2019
- **Citation:** TCN-2019-NCLT-02276
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/pradeep-structural-development-private-ltd-cp-ib-no-1814-kb-2018-aa862165

## Summary

### Background

The case pertains to an application filed by NLB Steels Private Ltd., the Operational Creditor, under Section 9 of the Insolvency and Bankruptcy Code, 2016, for initiating the Corporate Insolvency Resolution Process (CIRP) against Pradeep Structural Development Private Ltd., the Corporate Debtor. The application was filed due to the Corporate Debtor's default in paying an operational debt of Rs. 24,49,058/-.

## Facts

NLB Steels Private Ltd. (Operational Creditor) filed an application under Section 9 of the Insolvency and Bankruptcy Code, 2016, to initiate Corporate Insolvency Resolution Process (CIRP) against Pradeep Structural Development Private Ltd. (Corporate Debtor). The basis for the application was the Corporate Debtor's default in paying an operational debt of Rs. 24,49,058/-. The Corporate Debtor was served notice but did not appear. The Operational Creditor provided invoices showing the debt was due and payable, and evidence that a demand notice under Section 8 of the I&B Code was sent and received by the Corporate Debtor. The Corporate Debtor did not reply to the notice or pay the debt. The Operational Creditor also filed an affidavit stating they did not receive any

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## Issues and analysis

### Issue 1: Whether the application filed by the Operational Creditor under Section 9 of the Insolvency & …

**Ratio:** The application under Section 9 of the Insolvency & Bankruptcy Code, 2016 can be

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**Reasoning:** The court reasoned that the Operational Creditor had provided sufficient evidence,

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**Interpretation:** Section 9 of the Insolvency & Bankruptcy Code, 2016, read with Rule 6(1) of

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**Application:** In this case, the Operational Creditor, NLB Steels Private Ltd., demonstrated

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## Parties

- **Judges:** Madan B.…
- **Appellants:** NLB Steels…
- **Respondents:** Pradeep Structural…

## Timeline

- **2019-07-25 — Date of Pronouncement…**: The order was…
- **2018-01-01 — Filing of App…**: CP (IB) No. 1614/KB/2018…

## 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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