# in the matter of Uniforce Energy Systems India Pvt. Ltd. CP No. (IB) 168-ND-2017

> NCLT judgment dated 2017-07-14. Citation: TCN-2017-NCLT-00736. The case involves an application filed by M/s. Su-Kam Power System Private Limited, the…

- **Court:** NCLT
- **Order date:** 14 Jul 2017
- **Citation:** TCN-2017-NCLT-00736
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/uniforce-energy-systems-india-pvt-ltd-cp-no-ib-168-nd-2017-a6f21912

## Summary

### Background

The case involves an application filed by M/s. Su-Kam Power System Private Limited, the Operational Creditor, under Section 9 of the Insolvency and Bankruptcy Code (IBC), 2016, against M/s. Uniforce Energy Systems India Private Limited, the Corporate Debtor. The Operational Creditor claims to be in the business of manufacturing batteries and investors and had supplied goods to one of its distributors. The Corporate Debtor allegedly defaulted on payments amounting to Rs. 3,21,54,784.81/-. The Operational Creditor also claimed interest compounded at 24% per annum.

## Facts

M/s. Su-Kam Power System Private Limited (Operational Creditor) filed an application under Section 9 of the IBC, 2016, against M/s. Uniforce Energy Systems India Private Limited (Corporate Debtor) for defaulting on payments. The Operational Creditor is engaged in manufacturing batteries and investors and supplied goods to a distributor. The Corporate Debtor allegedly defaulted on payments of Rs. 3,21,54,784.81/-, with a claim for additional interest at 24% per annum. The Operational Creditor sent a demand notice under Section 8 of the IBC, along with invoices and delivery receipts from April 2015 to April 2016. The Corporate Debtor tendered two cheques totaling Rs. 45,00,000/-, which were dishonored. The Operational Creditor complied with Section 9(3)(a), (b), and (c)

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## Issues and analysis

### Issue 1: Whether the Operational Creditor has a legally …

**Ratio:** The court must determine if there is a valid operational debt and a default in payment by

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**Reasoning:** The court examined the invoices, delivery receipts, ledger accounts, and dishonored

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**Interpretation:** The IBC defines 'operational debt' broadly to include claims related to the

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**Application:** Based on the evidence presented, the court found that the Operational Creditor

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## Parties

- **Judges:** Ina Mal…; S. K. MOH…
- **Appellants:** M/s. Su- Kam…
- **Respondents:** M/s. Uniforce…

## Timeline

- **2015-04-01 — Invoice and Delivery…**: Copies of invoices and delivery receipts from April 2015 to April 2016 were sent to the…
- **2016-04-01 — Invoice and Delivery…**: Copies of invoices and delivery receipts from April 2015 to April 2016 were sent to the…

## 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)

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