# In the matter of Regen Infrastructure and Services Private Limited IBA-1424-2019

> NCLT judgment dated 2020-02-19. Citation: TCN-2020-NCLT-01886. SB Aditya Power Projects Private Limited, the Operational Creditor, filed an application under…

- **Court:** NCLT
- **Order date:** 19 Feb 2020
- **Citation:** TCN-2020-NCLT-01886
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/regen-infrastructure-and-services-private-limited-iba-1424-2019-6faf506c

## Summary

### Background

SB Aditya Power Projects Private Limited, the Operational Creditor, filed an application under Section 9 of the Insolvency and Bankruptcy Code, 2016, against Regen Infrastructure and Service Private Limited, the Corporate Debtor, for defaulting on a payment of ₹78,46,699. The default pertains to services rendered by the Operational Creditor to the Corporate Debtor. The application was filed due to the Corporate Debtor's failure to make payments despite repeated reminders and a demand notice.

## Facts

SB Aditya Power Projects Private Limited (Operational Creditor) filed an application under Section 9 of the Insolvency and Bankruptcy Code, 2016, against Regen Infrastructure and Service Private Limited (Corporate Debtor). The Corporate Debtor defaulted on a payment of ₹78,46,699 as of 18.07.2017 for services rendered by the Operational Creditor. The Operational Creditor had provided services including cable trench formation, execution of civil foundation work, and formation of gravel crane platform. The total amount due was ₹1,49,98,074, but after adjustments and excess payments made by Regen Powertech Pvt Ltd, the outstanding amount was ₹78,46,699. The Operational Creditor sent a letter on 18.07.2017 to Regen Powertech Pvt Ltd, the holding company of the Corporate

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## Issues and analysis

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

**Ratio:** Section 9(5) of the IBC, 2016, states that the Adjudicating Authority may admit the

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**Reasoning:** The court considered the facts presented by the Operational Creditor, the documents

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**Interpretation:** Section 9 of the IBC provides a mechanism for operational creditors to initiate

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**Application:** The court applied the provisions of Section 9 to the facts of the case and

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## Parties

- **Judges:** R. VARADH…; S. VIJAYARA…
- **Appellants:** SB Aditya Power…
- **Respondents:** Regen Infrastructu…
- **Advocates:** Gautham Ven…; Haruni Sub…; +2 more

## Timeline

- **2008-01-04 — Incorporation of…**: Regen Infrastructure and Service…
- **2017-07-18 — Default…**: The Corporate Debtor defaulted on a payment of…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 14(1) — Moratorium](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-14)

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