# In the matter of SSV Engineers Private Limited C.P.(IB)-1740(MB)-2018

> NCLT judgment dated 2019-01-03. Citation: TCN-2019-NCLT-05332. The case pertains to a petition filed under Section 9 of the Insolvency and Bankruptcy Code,…

- **Court:** NCLT
- **Order date:** 3 Jan 2019
- **Citation:** TCN-2019-NCLT-05332
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/ssv-engineers-private-limited-cpib-1740mb-2018-aa161ed4

## Summary

### Background

The case pertains to a petition filed under Section 9 of the Insolvency and Bankruptcy Code, 2016 by Harshad Vandravandas Vora, an Operational Creditor, against SSV Engineers Private Limited, the Corporate Debtor. The petition was submitted on 2018-05-11, claiming a debt of ₹47,50,000/- along with interest of ₹74,42,755/-, totaling ₹1,21,92,755/-. Despite multiple hearing opportunities, the Respondent Debtor remained absent. The Petitioner provided Affidavits of Service as evidence of intimation of hearing.

## Facts

Harshad Vandravandas Vora, an Operational Creditor, filed a petition against SSV Engineers Private Limited, a Corporate Debtor, under Section 9 of the Insolvency and Bankruptcy Code, 2016, on 2018-05-11. The claim was for a debt of ₹47,50,000/- plus interest of ₹74,42,755/-, totaling ₹1,21,92,755/-. The Respondent Debtor was given multiple opportunities to be heard but remained absent. The Petitioner submitted Affidavits of Service as proof of intimation. A Section 8 Notice dated 2018-03-26 was served on the Respondent Debtor, but no reply was submitted. The Petitioner provided invoices for the supply of Steel Coils, MS Channels, and Angles, along with a Ledger Account. The last transaction was on 2017-07-15 for ₹2,50,000/-, after which no payments were made despite

…

## Issues and analysis

### Issue 1: Whether the default as defined under Section 3(12) of the Insolvency and Bankruptcy Code is …

**Ratio:** Section 3(12) of the Insolvency and Bankruptcy Code defines 'default' as non-payment of

…

**Reasoning:** The court considered the facts and circumstances, including the Demand Notice issued to

…

**Interpretation:** The interpretation of Section 3(12) requires establishing that a debt was due

…

**Application:** The court applied the definition of 'default' to the facts of the case, noting

…

## Parties

- **Judges:** M.K. Sh…
- **Appellants:** Harshad Vandravand…
- **Respondents:** SSV Engineers…

## Timeline

- **2018-03-26 — Section 8…**: Section 8 Notice was issued…
- **2018-05-11 — Petition Su…**: A Petition u/s.9 was submitted…

## 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/ssv-engineers-private-limited-cpib-1740mb-2018-aa161ed4