# In the matter of SUNGBO ENGINEERING INDIA PRIVATE LIMITED

> Read the full IBC case summary for In the matter of SUNGBO ENGINEERING INDIA PRIVATE LIMITED. NCLT judgment dated 2025-08-22. Citation: TCN-2025-NCLT-01337.

- **Court:** NCLT
- **Order date:** 22 Aug 2025
- **Citation:** TCN-2025-NCLT-01337
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/sungbo-engineering-india-private-limited-8ef66472

## Summary

### Background

The application was filed by Samal Infra Projects Private Limited, an operational creditor, under Section 9 of the Insolvency and Bankruptcy Code, 2016, to initiate the Corporate Insolvency Resolution Process (CIRP) against Sungbo Engineering India Private Limited, the corporate debtor, for an alleged default in payment of an operational debt.

## Facts

Samal Infra Projects Private Limited (Operational Creditor) filed an application under Section 9 of the Insolvency and Bankruptcy Code, 2016 against Sungbo Engineering India Private Limited (Corporate Debtor) for initiating Corporate Insolvency Resolution Process (CIRP). The Operational Creditor claimed an operational debt of Rs.1,55,98,628/- plus 18% interest for services rendered and work undertaken, with the date of default being November 1, 2018. The application was filed on January 9, 2023.

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## Issues and analysis

### Issue 1: Whether there exists a legally recoverable…

**Ratio:** An operational debt exists when supported by invoices, acknowledgments, and…

**Reasoning:** The Tribunal found that the Operational Creditor established the debt through invoices,…

**Interpretation:** The Tribunal interpreted **Section 5(21)** of the IBC to mean that an…

**Application:** The Tribunal applied this interpretation by examining the invoices, ledger…

## Parties

- **Judges:** Shri. JYOTI KUMAR…; SHRI. RAVICHANDRAN…
- **Advocates:** For Appli…; Suvendra Kumar…; +4 more

## Timeline

- **January 11, 2018 — Letter of…**: The Corporate Debtor issued a Letter of Intent to the Operational Creditor for civil and…
- **January 11, 2018 — Security Chequ…**: The Operational Creditor issued a cheque bearing No. 542360 for Rs.1,30,00,000/- to the…

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