# In the matter of Shri Balaji Infradevelopers Pvt. Ltd. IB-1769-(ND)-2018

> NCLT judgment dated 2019-05-27. Citation: TCN-2019-NCLT-03180. M/s Suntech Infra Solutions Pvt. Ltd. (the Applicant) filed an application under Section 9 of…

- **Court:** NCLT
- **Order date:** 27 May 2019
- **Citation:** TCN-2019-NCLT-03180
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/shri-balaji-infradevelopers-pvt-ltd-ib-1769-nd-2018-98a180e6

## Summary

### Background

M/s Suntech Infra Solutions Pvt. Ltd. (the Applicant) filed an application under Section 9 of the Insolvency and Bankruptcy Code, 2016 (the Code) to initiate corporate insolvency resolution process (CIRP) against M/s Shri Balaji Infradevelopers Pvt. Ltd. (the Respondent) for alleged default in settling an amount of Rs. 39,11,176/-, including interest, for construction activities. The Applicant is a company involved in construction. The Respondent issued a work order/LOI for piling work at project sites in Agra. The Applicant raised invoices, but the Respondent allegedly failed to clear them. The Respondent acknowledged the debt but failed to make payments. The Applicant sent demand notices, and the Respondent replied, raising objections. The Respondent claimed to be a

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## Facts

M/s Suntech Infra Solutions Pvt. Ltd. (Applicant) sought to initiate CIRP against M/s Shri Balaji Infradevelopers Pvt. Ltd. (Respondent) under Section 9 of the IBC for a default of Rs. 39,11,176/-. The Applicant is a construction company. The Respondent issued a work order/LOI dated 12.07.2016 for piling work in Agra. The Applicant raised invoices for work done at Shilpgram and Mughal Museum sites between 01.08.2016 and 04.11.2016. The Respondent allegedly failed to clear invoices amounting to Rs. 26,86,143/-. The total outstanding debt as of 22.08.2018 was Rs. 39,11,176/-, and as of the application date, it was Rs. 40,90,704/-. The Respondent acknowledged the debt and deposited TDS. The Applicant sent a demand notice on 22.08.2018, and the Respondent replied on

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## Issues and analysis

### Issue 1: Whether the application filed by M/s Suntech Infra Solutions Pvt. Ltd. under Section 9 of the …

**Ratio:** Section 9 of the Insolvency and Bankruptcy Code, 2016 allows an operational creditor to

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**Reasoning:** The Tribunal considered the application, the reply filed by the Respondent, and the facts

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**Interpretation:** Section 9 provides the framework for operational creditors to initiate CIRP.

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**Application:** The Tribunal found that the application was maintainable because the cheques

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## Parties

- **Judges:** Ina Mal…; V.K. SUB…
- **Appellants:** M/s Suntech Infra…
- **Respondents:** BALAJI INFRADEVELO…

## Timeline

- **2016-07-12 — Work Order/LO…**: The Respondent issued work order/LOI No. SBIPL-GS(JV)/WO/2016-17/AGRA/002 to the…
- **2016-08-01 — Invoice R…**: The Applicant raised invoice RA 1 for…

## 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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