# In the matter of Techno Unique Infratech Private Limited CP (IB) No. 124-9-HDB-2020

> NCLT judgment dated 2021-12-03. Citation: TCN-2021-NCLT-00287. The case involves a Company Petition filed by Janssica Equipment and Marketing Co. (Operational…

- **Court:** NCLT
- **Order date:** 3 Dec 2021
- **Citation:** TCN-2021-NCLT-00287
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/techno-unique-infratech-private-limited-cp-ib-no-124-9-hdb-2020-7dbc0580

## Summary

### Background

The case involves a Company Petition filed by Janssica Equipment and Marketing Co. (Operational Creditor) 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, for initiating the Corporate Insolvency Resolution Process (CIRP) against Techno Unique Infratech Private Limited (Corporate Debtor). The Operational Creditor claimed that the Corporate Debtor defaulted on payments for equipment hired for a project in Madhya Pradesh.

## Facts

Janssica Equipment and Marketing Co. (Operational Creditor) filed a Company Petition under Section 9 of the Insolvency and Bankruptcy Code, 2016, against Techno Unique Infratech Private Limited (Corporate Debtor) for initiating CIRP. The Corporate Debtor had approached the Operational Creditor for hiring equipment named “BOOM PLACER 36 METER (PUTZMEISTER)” for a project in Madhya Pradesh, agreeing to pay Rs. 4,50,000 per month excluding taxes. A work order was issued on 2017-08-30 for a limited period of 6 months, with a 30-day notice required for termination or extension. The Operational Creditor offered the equipment on hire from 2017-09-06 to 2018-10-31. Payments were not received on time, despite an agreement for payment within 20 days of the invoice date. The

…

## Issues and analysis

### Issue 1: Whether the Operational Creditor has proven the existence of debt and default by the Corporate …

**Ratio:** Section 9 of the IB Code, 2016, allows an operational creditor to initiate CIRP against a

…

**Reasoning:** The Adjudicating Authority observed that the Operational Creditor issued a demand notice

…

**Interpretation:** Section 9 requires the operational creditor to demonstrate the existence of a

…

**Application:** The Operational Creditor provided evidence of a debt arising from the hire of

…

## Parties

- **Judges:** DR.VENKATA…; BINOD KUMAR…
- **Appellants:** Janssica Equipment…
- **Respondents:** Techno Unique…

## Timeline

- **2017-08-30 — Work Order…**: Corporate Debtor issued a work order to the…
- **2017-09-06 — Equipment…**: Operational Creditor offered…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 4 — Application of this Part](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-4)

---

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/techno-unique-infratech-private-limited-cp-ib-no-124-9-hdb-2020-7dbc0580