# In the matter of Rajkham Infra Private Limited IBA-768-2019

> NCLT judgment dated 2021-12-03. Citation: TCN-2021-NCLT-00280. The case pertains to an application filed under Section 9 of the Insolvency and Bankruptcy…

- **Court:** NCLT
- **Order date:** 3 Dec 2021
- **Citation:** TCN-2021-NCLT-00280
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/rajkham-infra-private-limited-iba-768-2019-e45ae87f

## Summary

### Background

The case pertains to an application filed under Section 9 of the Insolvency and Bankruptcy Code, 2016, by Nirmal K.Dhiren, Sole Proprietor of NKV Home Depot (Operational Creditor), against Rajkham Infra Private Limited (Corporate Debtor) for initiating the Corporate Insolvency Resolution Process (CIRP) due to unpaid operational debt. The Operational Creditor claimed a sum of Rs. 5,42,685.74, including principal and interest. The Corporate Debtor contested the application, citing issues with the invoices and the quality of goods supplied. The NCLT considered the submissions and documents from both parties.

## Facts

Nirmal K.Dhiren, operating as NKV Home Depot, claimed that Rajkham Infra Private Limited owed them Rs. 5,42,685.74, including principal (Rs. 4,46,949) and interest (Rs. 95,736.74) for goods supplied. NKV Home Depot issued multiple invoices to Rajkham Infra Private Limited, with the earliest outstanding invoice dated 28.10.2017. A demand notice was issued on 26.03.2019 and delivered on 30.03.2019. Rajkham Infra Private Limited made a part payment of Rs. 10,000 after the petition was filed and offered to pay Rs. 4,36,949 in a deferred manner, which was not reconciled. Rajkham Infra Private Limited contested the application, arguing that the Operational Creditor had not provided copies of all invoices and that the goods supplied were substandard. The Corporate Debtor

…

## Issues and analysis

### Issue 1: Whether the application filed by the Operational Creditor under Section 9 of the IBC, 2016 is …

**Ratio:** Section 9 of the IBC, 2016 allows an operational creditor to initiate CIRP against a

…

**Reasoning:** The NCLT considered the submissions of both parties and the documents on record to

…

**Interpretation:** The interpretation of Section 9 involves determining whether the operational

…

**Application:** The NCLT found that the Operational Creditor had demonstrated the existence of

…

## Parties

- **Judges:** Sucharit…; SAMEER…
- **Appellants:** Nirmal K.…
- **Respondents:** Rajkham Infra…
- **Advocates:** Prade…

## Timeline

- **2014-02-20 — Incorporation of…**: Rajkham Infra Private…
- **2017-10-28 — First Outstanding…**: Invoice No: 558 dated 28.10.2017 was…

## 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/rajkham-infra-private-limited-iba-768-2019-e45ae87f