# In the matter of Shri Balaji Infradevelopers Private Limited (IB)-1033(ND)2019

> NCLT judgment dated 2019-09-20. Citation: TCN-2019-NCLT-01330. M/s Aanav Construction Co., the Operational Creditor, filed a petition under Section 9 of the…

- **Court:** NCLT
- **Order date:** 20 Sept 2019
- **Citation:** TCN-2019-NCLT-01330
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/shri-balaji-infradevelopers-private-limited-ib-1033nd2019-b59c5c30

## Summary

### Background

M/s Aanav Construction Co., the Operational Creditor, filed a petition under Section 9 of the Insolvency and Bankruptcy Code (IBC), 2016, read with Rule 6 of the Insolvency and Bankruptcy (Application to Adjudicating Authority) Rules, 2016, to initiate the Corporate Insolvency Resolution Process (CIRP) against M/s Shri Balaji Infradevelopers Private Limited, the Corporate Debtor. The Operational Creditor claimed that the Corporate Debtor defaulted on payments for construction work completed under a sub-contract. The Corporate Debtor contested the claim, alleging that the work orders and completion certificates were fabricated and manipulated.

## Facts

M/s Aanav Construction Co. (Operational Creditor) filed a petition against Shri Balaji Infradevelopers Private Limited (Corporate Debtor) under Section 9 of the IBC, 2016, claiming a default in payment for construction work. The Operational Creditor and Corporate Debtor entered into a sub-contract on NH-2 in Uttar Pradesh, with work commencing on 2014-07-01. The Operational Creditor stated that the work was completed on 2015-03-15, with a total liability of Rs. 6,28,66,367 against a contract price of Rs. 5,21,51,780. A work completion certificate dated 2019-01-11 was issued by the Corporate Debtor. The outstanding liability as of 2019-03-31 was Rs. 3,00,37,703. A demand notice under Section 8 of the IBC was sent on 2019-03-14. The Corporate Debtor claimed the work

…

## Issues and analysis

### Issue 1: Whether the petition under Section …

**Ratio:** The petition under Section 9(5) of the IBC should be admitted if the amount of default is

…

**Reasoning:** The court found that the amount of default was above Rs. 1,00,000 and that there was no

…

**Interpretation:** Section 9(5) of the IBC requires the Adjudicating Authority to admit the

…

**Application:** In this case, the court found that the Corporate Debtor's claims of fabrication

…

## Parties

- **Judges:** Ina Mal…; SHRI. L. N.…
- **Appellants:** M/s Aanav…
- **Respondents:** Balaji Infradevelo…

## Timeline

- **2014-06-29 — Work Orde…**: Work Order No. SBIPL/2014-15/007 was issued…
- **2014-07-01 — Work Commen…**: Construction work…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 8 — Insolvency resolution by operational creditor](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-8)

---

This is a preview. The full structured summary, issues, precedents and source judgment are available on CaseEase - Legal Intelligence Simplified: https://caseease.in/cases/ibc/nclt-chandigarh/shri-balaji-infradevelopers-private-limited-ib-1033nd2019-b59c5c30