# In the matter of Real Link Engineering Private Limited IBA-1359-2020

> NCLT judgment dated 2021-04-21. Citation: TCN-2021-NCLT-02324. The case involves an application filed under Section 9 of the Insolvency and Bankruptcy Code,…

- **Court:** NCLT
- **Order date:** 21 Apr 2021
- **Citation:** TCN-2021-NCLT-02324
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/real-link-engineering-private-limited-iba-1359-2020-fb03a306

## Summary

### Background

The case involves an application filed under Section 9 of the Insolvency and Bankruptcy Code, 2016, by M/s. Marikko Industrial Chemicals (Operational Creditor) against M/s. Real Link Engineering Private Limited (Corporate Debtor) for initiation of the Corporate Insolvency Resolution Process (CIRP). The Operational Creditor claimed that the Corporate Debtor defaulted on a payment of Rs.25,34,352/-. The application was filed on 04.11.2019.

## Facts

M/s. Marikko Industrial Chemicals (Operational Creditor) filed an application under Section 9 of the Insolvency and Bankruptcy Code, 2016, against M/s. Real Link Engineering Private Limited (Corporate Debtor) for defaulting on a payment of Rs.25,34,352/-. The Operational Creditor supplied raw materials to the Corporate Debtor between 07.08.2018 and 30.01.2019, with invoices raised for the same. The Corporate Debtor acknowledged and accepted the materials. The Operational Creditor sent a legal notice on 07.08.2019 and a Form-3 notice dated 20.09.2012. The Corporate Debtor admitted the debt through a letter dated 03.09.2019 for Rs.24,34,252/-. The Corporate Debtor claimed that the prices charged by the Operational Creditor were higher, leading to the cessation of

…

## 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 Adjudicating Authority considered the documents and arguments presented by both

…

**Interpretation:** Section 9 provides the framework for operational creditors to initiate CIRP,

…

**Application:** The Adjudicating Authority determined that the application met the requirements

…

## Parties

- **Judges:** R. Sucha…; B. Anil…
- **Respondents:** Real Link…

## Timeline

- **2018-08-07 — Supply of Raw Materials…**: Operational Creditor starts supplying…
- **2019-01-30 — Supply of Raw Materials…**: Operational Creditor completes supplying…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 8(2) — Insolvency resolution by operational creditor](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-8)

---

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/real-link-engineering-private-limited-iba-1359-2020-fb03a306