# In the matter of Unique Roof Private Limited IA-946-IB-2020 in IBA-316-2019

> NCLT judgment dated 2021-07-15. Citation: TCN-2021-NCLT-01740. 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-01740
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/unique-roof-private-limited-ia-946-ib-2020-in-iba-316-2019-9f7dc77f

## Summary

### Background

The case involves an application filed by the Resolution Professional (RP) of M/s. Unique Roof Private Limited, seeking to direct the respondent, M/s. Hindustan Foods Limited, to pay an outstanding amount of Rs. 80,75,916 to the corporate debtor for supplies made. The Corporate Insolvency Resolution Process (CIRP) was initiated against Unique Roof Private Limited, and the RP was appointed. The RP claims that the respondent owes the corporate debtor money for supplied materials, while the respondent argues that the corporate debtor failed to provide a bank guarantee as per the purchase order terms and also failed to deposit the GST amount collected from them.

## Facts

M/s. Unique Roof Private Limited (Corporate Debtor) underwent CIRP, with Muthuiah Thevar Rajapandian appointed as the Resolution Professional (RP). The RP filed an application against M/s. Hindustan Foods Limited (Respondent) seeking payment of Rs. 80,75,916 for supplies made. The Corporate Debtor had issued quotations for structural materials to the Respondent in March, June, and July 2019. The Respondent issued purchase orders in March and July 2019, and the Corporate Debtor supplied the materials. The Respondent issued a work completion report in January 2020. The Respondent claimed the Corporate Debtor failed to provide a bank guarantee as per the purchase order and failed to deposit GST collected from them. The RP argued the Respondent owed the Corporate Debtor

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## Issues and analysis

### Issue 1: Whether the Respondent, M/s. Hindustan Foods Limited, is liable to pay the outstanding amount of …

**Ratio:** The principle is that a party is obligated to fulfill its contractual obligations.

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

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**Interpretation:** The interpretation is that a party cannot claim payment for services or goods

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**Application:** The tribunal applied this principle to the facts, noting that the Corporate

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## Parties

- **Judges:** R. Sucha…; Anil Ku…
- **Appellants:** MUTHUIAH THEVAR…
- **Respondents:** M/s. Unique Roof…; M/s. Hindustan…

## Timeline

- **2019-03-11 — Quotation for Supply of…**: Corporate Debtor issued a quotation for supply…
- **2019-03-13 — Purchase…**: Respondent issued a purchase…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 17 — Management of affairs of corporate debtor by…](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-17)

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