# In the matter of RNM Infra Private Ltd. CP (IB) No. 1614-KB-2019

> NCLT judgment dated 2020-01-21. Citation: TCN-2020-NCLT-02243. The case involves an application filed by Prism Johnson Limited [RMC (INDIA) Division], the…

- **Court:** NCLT
- **Order date:** 21 Jan 2020
- **Citation:** TCN-2020-NCLT-02243
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/rnm-infra-private-ltd-cp-ib-no-1614-kb-2019-a8186da2

## Summary

### Background

The case involves an application filed by Prism Johnson Limited [RMC (INDIA) Division], the Operational Creditor, under Section 9 of the Insolvency and Bankruptcy Code, 2016, to initiate Corporate Insolvency Resolution Process (CIRP) against RNM Infra Private Ltd, the Corporate Debtor, due to a default in paying an operational debt of Rs. 20,62,726/- (including interest). The Operational Creditor claims to have supplied materials to the Corporate Debtor, for which payment was not made.

## Facts

Prism Johnson Limited [RMC (INDIA) Division], the Operational Creditor, filed an application under Section 9 of the Insolvency and Bankruptcy Code, 2016, to initiate Corporate Insolvency Resolution Process (CIRP) against RNM Infra Private Ltd, the Corporate Debtor. The application was based on the Corporate Debtor's default in paying an operational debt of Rs. 20,62,726/- (including interest). The Operational Creditor had supplied materials to the Corporate Debtor as per a purchase order dated 2018-04-28, with invoices produced on record at page 150. The last payment made by the Corporate Debtor was on 2018-07-06. The Corporate Debtor also executed a balance confirmation letter of the debt, produced at page 121. A notice under Section 8 of IBC was sent to 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 of the Insolvency and Bankruptcy Code, 2016, allows an operational creditor to

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**Reasoning:** The Tribunal found that the Operational Creditor had produced sufficient evidence to

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

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**Application:** The Tribunal applied Section 9 to the facts of the case, finding that the

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## Parties

- **Judges:** Madan B.…
- **Appellants:** Prism Johnson…
- **Respondents:** RNM Infra Private…

## Timeline

- **2018-04-28 — Purchase Ord…**: Date of the purchase order for materials supplied by the Operational Creditor to the…
- **2018-07-06 — Last Paymen…**: Date of the last payment made by 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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