# 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-02061. M/s Concrete Additives & Chemicals Private Limited filed an application under Section 9 of the…

- **Court:** NCLT
- **Order date:** 6 Feb 2020
- **Citation:** TCN-2020-NCLT-02061
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/red-brick-consulting-private-limited-company-petition-no-ib-2408-nd-2019-44a7ab9c

## Summary

### Background

M/s Concrete Additives & Chemicals Private Limited filed an application under Section 9 of the Insolvency and Bankruptcy Code, 2016, to initiate the Corporate Insolvency process against M/s Red Brick Consulting Private Limited, alleging default in payment of operational debt. The applicant claimed that the corporate debtor failed to pay a total sum of Rs. 8,35,489/- for the supply of goods. The corporate debtor admitted to the liability but contended that payment had been made. The application was filed within the limitation period.

## Facts

M/s Concrete Additives & Chemicals Private Limited (the Applicant) supplied 48 Drums of CAC-Shortcrete AFA and 10 Drums of CAC- Super Flow SF to M/s Red Brick Consulting Private Limited (the Corporate Debtor) based on an email dated 28.01.2017. The Applicant 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 of Alkalifree Accelerator and 3,250 Kg of Plasticizer. The Applicant supplied sand materials and raised an invoice dated 01.03.2017 for Rs. 3,70,780/-. The total outstanding amount was Rs. 8,35,489/-. On 27.11.2018, the Corporate Debtor paid Rs. 4,62,454.72/-, leaving a balance of Rs. 3,73,034.28/- plus

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## Issues and analysis

### Issue 1: Whether the application under Section 9 of the Insolvency and Bankruptcy Code, 2016 is maintainable …

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

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**Reasoning:** The court reasoned that the application was complete as per the requirements of Section 9

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

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**Application:** The Applicant, being an operational creditor, filed the application after the

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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…**: Corporate debtor approached the…
- **2017-01-30 — Acknowledgement of…**: Corporate debtor…

## 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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