# In the matter of Salasar Enterprises Private Limited 
CP (IB) No.1427-MB.II-2019

> NCLT judgment dated 2020-10-15. Citation: TCN-2020-NCLT-00388. Hirfal Interior, an operational creditor, filed a company petition under Section 9 of the…

- **Court:** NCLT
- **Order date:** 15 Oct 2020
- **Citation:** TCN-2020-NCLT-00388
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/salasar-enterprises-private-limited-cp-ib-no1427-mbii-2019-329b48dd

## Summary

### Background

Hirfal Interior, an operational creditor, filed a company petition under Section 9 of the Insolvency and Bankruptcy Code, 2016 (IBC) to initiate the Corporate Insolvency Resolution Process (CIRP) against Salasar Enterprises Private Limited, the corporate debtor. The petition was filed due to the corporate debtor's failure to pay a sum of ₹29,83,876.00, which was the principal amount outstanding as of 13.06.2014, the stated date of default. The operational creditor provided civil and interior work for a project named 'Lubrizon' and raised an invoice on 25.03.2013 for ₹45,74,059. After part payments, the outstanding amount remained.

## Facts

Hirfal Interior, a partnership firm, provided civil and interior work to Salasar Enterprises Private Limited for a project named 'Lubrizon'. An invoice was raised on 25.03.2013 for ₹45,74,059. After part payments, ₹29,83,876 remained outstanding as of 13.06.2014, which is considered the date of default. The corporate debtor confirmed the outstanding balance in confirmations of balances as at 31.03.2014, 31.03.2015, 31.03.2016, 31.03.2017 and 31.03.2018. Hirfal Interior served a demand notice on 01.03.2019, to which Salasar Enterprises did not reply. Salasar Enterprises admitted the liability in its reply dated 18.11.2019, but stated it was unable to repay the debt due to not carrying on any business. The single invoice was placed on record, and it did not provide for

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## Issues and analysis

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

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

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**Reasoning:** The Adjudicating Authority found that the application made by the Operational Creditor

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**Interpretation:** Section 9 of the IBC outlines the requirements for an operational creditor to

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**Application:** The Adjudicating Authority applied Section 9 of the IBC to the facts of the

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## Parties

- **Judges:** Rajasekha…; RavikumarDu…
- **Appellants:** Hirfal In…
- **Respondents:** Salasar Enterprise…

## Timeline

- **2013-03-25 — Invoice R…**: Hirfal Interior raised an invoice for…
- **2014-06-13 — Date of D…**: The date of default is stated as 13.06.2014,…

## 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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