# In the matter of Soho Infrastructure Pvt. Ltd. CP No. (IB)-227-(PB)-2018

> NCLT judgment dated 2018-06-14. Citation: TCN-2018-NCLT-01268. The application was filed under Section 9 of the Insolvency and Bankruptcy Code, 2016, by…

- **Court:** NCLT
- **Order date:** 14 Jun 2018
- **Citation:** TCN-2018-NCLT-01268
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/soho-infrastructure-pvt-ltd-cp-no-ib-227-pb-2018-5e9ff657

## Summary

### Background

The application was filed under Section 9 of the Insolvency and Bankruptcy Code, 2016, by Nuvoco Vistas Corporation Limited (formerly known as Lafarge India Limited) against Soho Infrastructure Private Limited for initiation of the Corporate Insolvency Resolution Process (CIRP). The applicant, an operational creditor, claimed that the corporate debtor defaulted on payments for the supply of ready-mix concrete. The corporate debtor contested the application, asserting a pre-existing dispute and questioning the applicant's locus standi.

## Facts

Nuvoco Vistas Corporation Limited (formerly Lafarge India Limited) filed an application under Section 9 of the Insolvency and Bankruptcy Code, 2016, against Soho Infrastructure Private Limited, seeking initiation of the Corporate Insolvency Resolution Process (CIRP). Nuvoco Vistas, the operational creditor, claimed that Soho Infrastructure, the corporate debtor, defaulted on payments for the supply of ready-mix concrete. The applicant supplied ready mix concrete to the corporate debtor at various project sites based on purchase orders issued by the corporate debtor. Invoices were raised and issued to the corporate debtor for these supplies. The applicant claimed that payments became due from invoices dated between 2015-12-04 and 2016-10-30. A cheque for Rs. 11,70,000

…

## Issues and analysis

### Issue 1: Whether the application filed by Nuvoco Vistas Corporation Limited under Section 9 of the …

**Ratio:** Section 9(5) of the IBC, 2016, states that the Adjudicating Authority shall admit the

…

**Reasoning:** The court found that the application was complete and the applicant had established the

…

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

…

**Application:** The court applied Section 9(5) of the IBC to the facts of the case, finding

…

## Parties

- **Judges:** DEEPTI M…
- **Appellants:** M/s. Nuvoco…
- **Respondents:** M/s. Soho…

## Timeline

- **2016-XX-XX — Supply of Ready Mix…**: Applicant supplied ready mix concrete to the corporate debtor at their various project…
- **2015-12-04 — Invoice…**: Payments became due from the date of 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)

---

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/soho-infrastructure-pvt-ltd-cp-no-ib-227-pb-2018-5e9ff657