# In the matter of Samrat Infra Estate Pvt. Ltd. CP No. 68-ALD-2018

> NCLT judgment dated 2018-07-10. Citation: TCN-2018-NCLT-01167. The case involves an insolvency petition filed by Hazrat Ali, an operational creditor, against…

- **Court:** NCLT
- **Order date:** 10 Jul 2018
- **Citation:** TCN-2018-NCLT-01167
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/samrat-infra-estate-pvt-ltd-cp-no-68-ald-2018-25b8b26e

## Summary

### Background

The case involves an insolvency petition filed by Hazrat Ali, an operational creditor, against Samrat Infra Estate Private Ltd., the corporate debtor, under Section 9 of the Insolvency and Bankruptcy Code, 2016. The operational creditor claimed that the corporate debtor owed him a sum of Rs. 82,30,050/-. The operational creditor had provided services and materials to the corporate debtor for a government tender. The corporate debtor had approached the operational creditor to participate in a Government Tender on a partnership basis by attaching his solvency certificate to enable the Corporate Debtor to qualify to participate in the Tender and supply the material, engage Plant & Machinery as required in the Tender No. 4954/183COM-Varanasi Circle 2015 dated 30.07.2015.

## Facts

Hazrat Ali, the operational creditor, claimed that Samrat Infra Estate Private Ltd., the corporate debtor, owed him Rs. 82,30,050/- for services and materials provided for a government tender. The corporate debtor had approached the operational creditor to participate in a Government Tender on a partnership basis by attaching his solvency certificate. The operational creditor was appointed as a non-executive director of the corporate debtor but was later removed. The operational creditor sent legal notices to the corporate debtor demanding payment, but received no reply. The corporate debtor claimed that the operational creditor had failed to render an account of advance paid to him and filed a police complaint. The corporate debtor argued that there was no valid

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## Issues and analysis

### Issue 1: Whether the operational creditor was able to bring material on record to show the amount of debt …

**Ratio:** The sine qua non for admission of an application under Section 9 of the Insolvency and

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**Reasoning:** The NCLT held that the operational creditor was not able to bring material on record to

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**Interpretation:** Section 9 of the IBC requires the operational creditor to prove the existence

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**Application:** In this case, the operational creditor failed to provide sufficient evidence to

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## Parties

- **Judges:** V. P. S…; Saroj Ra…
- **Appellants:** Hazrat…
- **Respondents:** Samrat Infra…; M/s Samrat Infra…
- **Advocates:** Sh. Ashish Kumar…; Babita…; +1 more

## Timeline

- **2015-07-30 — Tender D…**: Tender No. 4954/183COM-Varana…
- **2017-12-12 — Demand N…**: Operational creditor sent a statutory Demand Notice under Section 8 of Insolvency and…

## Legal provisions

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

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