# In the matter of Unique Roof Private Limited IA-180-IB-2020 in IBA-316-2019

> NCLT judgment dated 2021-07-15. Citation: TCN-2021-NCLT-01723. The case involves an application filed by the Resolution Professional (RP) of M/s. Unique Roof…

- **Court:** NCLT
- **Order date:** 15 Jul 2021
- **Citation:** TCN-2021-NCLT-01723
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/unique-roof-private-limited-ia-180-ib-2020-in-iba-316-2019-181b4fab

## Summary

### Background

The case involves an application filed by the Resolution Professional (RP) of M/s. Unique Roof Private Limited, seeking direction from the NCLT to Sri Meenakshi Metals (Respondent) to pay the outstanding balance of Rs. 3,17,303/- to the Corporate Debtor. The Corporate Insolvency Resolution Process (CIRP) was initiated against Unique Roof Private Limited on 04.10.2019. The RP claims that the Respondent owes this amount for the supply of structural materials. The Respondent disputes the claim, alleging defective work and violation of agreed terms by the Corporate Debtor.

## Facts

M/s. Unique Roof Private Limited (Corporate Debtor) was undergoing Corporate Insolvency Resolution Process (CIRP) initiated on 04.10.2019. Muthuiah Thevar Rajapandian was the Resolution Professional (RP). The Corporate Debtor was engaged in making steel building designs and manufacturing steel structures. The Corporate Debtor supplied structural materials to Sri Meenakshi Metals (Respondent) based on a quotation issued on 20.08.2018. The Respondent issued a purchase order, and the Corporate Debtor supplied the materials and raised invoices. The total invoice amount was Rs. 71,15,205/-, out of which the Respondent paid Rs. 68,46,304/-, leaving a balance of Rs. 2,68,901/-. Including overdue interest of Rs. 48,402/-, the total outstanding was Rs. 3,17,303/-. The

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## Issues and analysis

### Issue 1: Whether the Respondent, Sri Meenakshi Metals, is liable to pay the outstanding amount of Rs. …

**Ratio:** The principle that a party is entitled to receive payment for goods or services provided

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**Reasoning:** The NCLT reasoned that the Corporate Debtor had violated the terms and conditions of the

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**Interpretation:** The interpretation of the contractual obligations between the Corporate Debtor

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**Application:** The NCLT applied the reasoning to the specific facts of the case, noting that

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## Parties

- **Judges:** R. Sucha…; Anil Ku…
- **Appellants:** MUTHUIAH THEVAR…
- **Respondents:** Unique Roof…; Meenakshi…

## Timeline

- **2018-08-20 — Quotation…**: The Corporate Debtor issued a quotation for the supply of structural materials to the…
- **2019-02-26 — Work Completio…**: The Respondent issued a work completion…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 60(5) — Adjudicating Authority for corporate persons](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-60)

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