# In the matter of Red Brick Consulting Private Limited Company Petition No. IB-2408-ND-2019

> NCLT judgment dated 2020-02-06. Citation: TCN-2020-NCLT-02057. The application was filed under Section 9 of the Insolvency and Bankruptcy Code, 2016, by M/s…

- **Court:** NCLT
- **Order date:** 6 Feb 2020
- **Citation:** TCN-2020-NCLT-02057
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/red-brick-consulting-private-limited-company-petition-no-ib-2408-nd-2019-1972388a

## Summary

### Background

The application was filed under Section 9 of the Insolvency and Bankruptcy Code, 2016, by M/s Concrete Additives & Chemicals Pvt. Ltd. (Operational Creditor) to initiate the Corporate Insolvency process against M/s Red Brick Consulting Pvt. Ltd. (Corporate Debtor). The applicant claimed that the corporate debtor defaulted in making payments for the supply of goods. The corporate debtor approached the applicant for the supply of 48 Drums CAC-Shortcrete AFA and 10 Drums CAC- Super Flow SF. The applicant supplied the goods and raised invoices. Despite payments made, a total sum remained due. The applicant issued a demand notice to the corporate debtor, which was served. The corporate debtor admitted the liability but contended that the payment had been made.

## Facts

M/s Concrete Additives & Chemicals Pvt. Ltd. (Applicant/Operational Creditor) filed an application under Section 9 of the Insolvency and Bankruptcy Code, 2016, against M/s Red Brick Consulting Pvt. Ltd. (Corporate Debtor) for defaulting on payments for goods supplied. The Corporate Debtor approached the Applicant for the supply of 48 Drums CAC-Shortcrete AFA and 10 Drums CAC- Super Flow SF, as evidenced by an email dated 28.01.2017. The Applicant supplied the goods and raised a tax invoice for Rs.4,64,709/-. The Corporate Debtor acknowledged receipt of the goods via a letter dated 30.01.2017. Subsequently, another purchase order was placed on 21.02.2017 for 16,000 Kg Alkalifree Accelerator and 3,250 Kg of Plasticizer. The Applicant supplied sand materials and

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## Issues and analysis

### Issue 1: Whether the application under Section 9 of the …

**Ratio:** Section 9 of the Insolvency and Bankruptcy Code, 2016 allows an operational creditor to

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**Reasoning:** The court observed that the applicant had filed the application under Section 9 of the

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**Interpretation:** Section 9 provides the mechanism for operational creditors to recover their

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**Application:** The applicant, being an operational creditor, filed the application under

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## Parties

- **Judges:** DEEPTI M…; Sh. Hemant Kumar…
- **Appellants:** M/S CONCREK…
- **Respondents:** M/s Red Brick…

## Timeline

- **2017-01-28 — Email for Supply of…**: The corporate debtor approached the applicant for the supply of 48 Drums CAC-Shortcrete…
- **2017-01-30 — Acknowledgement of…**: The Corporate debtor wrote a letter dated 30.01.2017 to the applicant stating that the…

## 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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