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

> NCLT judgment dated 2018-06-14. Citation: TCN-2018-NCLT-01270. The application was filed under Section 9 of the Insolvency and Bankruptcy Code, 2016, read…

- **Court:** NCLT
- **Order date:** 14 Jun 2018
- **Citation:** TCN-2018-NCLT-01270
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/soho-infrastructure-pvt-ltd-cp-no-ib-227-pb-2018-6b29d36d

## Summary

### Background

The application was filed under Section 9 of the Insolvency and Bankruptcy Code, 2016, read with Rule 6 of the Insolvency and Bankruptcy (Application to Adjudicating Authority) Rules, 2016, by M/s Nuvoco Vistas Corporation Limited (formerly known as Lafarge India Limited) seeking initiation of the Corporate Insolvency Resolution Process (CIRP) against M/s Soho Infrastructure Private Limited. The applicant, originally incorporated as Lafarge India Private Limited under the Companies Act, 1956, underwent name changes, eventually becoming Nuvoco Vistas Corporation Limited. The applicant supplied ready mix concrete to the corporate debtor based on purchase orders, with invoices raised accordingly. A cheque issued by the corporate debtor was dishonored due to insufficient

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## Facts

M/s Nuvoco Vistas Corporation Limited (formerly Lafarge India Limited) filed an application under Section 9 of the Insolvency and Bankruptcy Code, 2016, against M/s Soho Infrastructure Private Limited, seeking initiation of the Corporate Insolvency Resolution Process (CIRP). Nuvoco Vistas Corporation Limited supplied ready mix concrete to Soho Infrastructure Private Limited based on purchase orders. Invoices were raised for these supplies. The applicant claims that payments became due from invoices dated between 2015-12-04 and 2016-10-30. A cheque for Rs. 11,70,000 issued by Soho Infrastructure Private Limited, dated 2017-03-31, was dishonored due to insufficient funds. The corporate debtor claimed that the cheque was issued as security and not to be presented, and

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## Issues and analysis

### Issue 1: Whether there exists a pre-existing dispute between the operational creditor and the corporate …

**Ratio:** Section 5(6) of the Insolvency and Bankruptcy Code, 2016 defines 'dispute' as including a

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**Reasoning:** The court found that the corporate debtor's claim of a pre-existing dispute was a

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**Interpretation:** The interpretation of 'dispute' under Section 5(6) requires a genuine and bona

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**Application:** In this case, the court applied the definition of 'dispute' to the facts and

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## Parties

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

## Timeline

- **2015-12-04 — Invoice…**: Invoices raised by the applicant for the supply of ready mix concrete, with payment due…
- **2016-01-01 — Purchase…**: Lafarge India Limited placed various purchase orders in January 2016 and June 2016 to…

## 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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