# In the matter of Ubitech Pvt. Ltd. CP (IB) No. 150-Chd-Hry-2018

> NCLT judgment dated 2019-09-13. Citation: TCN-2019-NCLT-01469. The case involves an application filed by Vee Kay Electricals (Operational Creditor) under…

- **Court:** NCLT
- **Order date:** 13 Sept 2019
- **Citation:** TCN-2019-NCLT-01469
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/ubitech-pvt-ltd-cp-ib-no-150-chd-hry-2018-878a8813

## Summary

### Background

The case involves an application filed by Vee Kay Electricals (Operational Creditor) under Section 9 of the Insolvency and Bankruptcy Code, 2016, seeking to initiate the Corporate Insolvency Resolution Process (CIRP) against Ubitech Pvt. Ltd. (Corporate Debtor). The operational creditor claimed that the corporate debtor defaulted on payments for work executed under various agreements. The corporate debtor contested the application, asserting the existence of a dispute and non-completion of work by the operational creditor.

## Facts

Vee Kay Electricals, a sole proprietorship, filed an application under Section 9 of the Insolvency and Bankruptcy Code, 2016, to initiate CIRP against Ubitech Pvt. Ltd. Vee Kay Electricals claimed to be an operational creditor of Ubitech Pvt. Ltd. The claim arose from work orders issued by Punjab State Power Corporation Ltd. (PSPCL) to Ubitech Pvt. Ltd., for which Vee Kay Electricals executed work. Agreements were entered into between Vee Kay Electricals and Ubitech Pvt. Ltd. for shifting existing single/three-phase energy meters. Vee Kay Electricals issued invoices to Ubitech Pvt. Ltd. between 2012 and 2015, totaling ₹16,32,234, ₹15,79,724, and ₹15,87,475. Ubitech Pvt. Ltd. paid ₹16,67,395 till 30.08.2015. As of 30.10.2015, the total debt was ₹41,18,454, including

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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) of the Insolvency and Bankruptcy Code, 2016, specifies the conditions

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**Reasoning:** The Adjudicating Authority examined the application filed in Form No. 5 and found it to

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**Interpretation:** The interpretation of Section 9(5)(i) requires the Adjudicating Authority to

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**Application:** In this case, the Adjudicating Authority determined that the application was

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## Parties

- **Judges:** Ajay Kumar…; Pradeep R.…
- **Respondents:** Ubitech Pvt…

## Timeline

- **2011-01-01 — Handing over of…**: Operational creditor claimed that surplus and dismantled material was adjusted and handed…
- **2012-01-30 — Issuance of invoices/bil…**: Operational creditor issued various invoices/bills on the corporate debtor from…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 14 — Moratorium](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-14)

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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/ubitech-pvt-ltd-cp-ib-no-150-chd-hry-2018-878a8813