# In the matter of Super Flooring Private Limited Company Petition no. (IB)-1074(ND)-2018

> NCLT judgment dated 2019-07-18. Citation: TCN-2019-NCLT-02449. The case pertains to a petition filed under Section 9 of the Insolvency and Bankruptcy Code,…

- **Court:** NCLT
- **Order date:** 18 Jul 2019
- **Citation:** TCN-2019-NCLT-02449
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/super-flooring-private-limited-company-petition-no-ib-1074nd-2018-763246af

## Summary

### Background

The case pertains to a petition filed under Section 9 of the Insolvency and Bankruptcy Code, 2016, by Northern Freight Carrier (Delhi), an operational creditor, against Super Flooring Private Limited, the corporate debtor, for initiating the Corporate Insolvency Resolution Process (CIRP) due to unpaid dues for transportation services. The operational creditor claimed that the corporate debtor failed to pay an outstanding amount of Rs. 37,15,583.62 despite several demands. The corporate debtor contested the claim, alleging that the operational creditor had not complied with the requirements of Section 9(3)(a) of the Code and had concealed material documents, including agreed slab rates and credit notes.

## Facts

Northern Freight Carrier (Delhi), an operational creditor, filed a petition under Section 9 of the Insolvency and Bankruptcy Code, 2016, against Super Flooring Private Limited, a corporate debtor, claiming unpaid dues of Rs. 37,15,583.62 for transportation services. Super Flooring Private Limited was incorporated on 11.08.1988. The operational creditor issued a demand notice under Section 8 of the Code on 30.07.2018. The corporate debtor contended that the operational creditor did not comply with Section 9(3)(a) of the Code and concealed material documents, including agreed slab rates and credit notes. The corporate debtor also claimed that the operational creditor was charging exorbitantly beyond the agreed slabs and had issued debit notes for excess bill amounts. The

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## Issues and analysis

### Issue 1: Whether the application filed by the operational creditor under Section 9 of the Insolvency and …

**Ratio:** Section 9(5)(i)(a) to (d) of the Insolvency and Bankruptcy Code, 2016, specifies the

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**Reasoning:** The tribunal found that the operational creditor's application fulfilled the requirements

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**Interpretation:** Section 9 of the IBC outlines the procedure and requirements for an operational

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**Application:** The tribunal applied the provisions of Section 9(5)(i)(a) to (d) to the facts

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## Parties

- **Judges:** R. VARADH…; Deepa Kr…; +1 more
- **Appellants:** Northern Freight…
- **Respondents:** Super Flooring…

## Timeline

- **1988-08-11 — Incorporation of…**: Super Flooring Private…
- **2018-07-30 — Demand N…**: Operational Creditor issued a demand notice under Section 8 of the Code for Rs.…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 8 — Insolvency resolution by operational creditor](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-8)

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